Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment, 48219-48304 [2016-15229]

Download as PDF Vol. 81 Friday, No. 141 July 22, 2016 Part III Department of Homeland Security ehiers on DSK5VPTVN1PROD with RULES2 Coast Guard 33 CFR Parts 140, 145, 148, et al. 46 CFR Parts 25, 27, 28, et al. Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment; Final Rule VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22JYR2.SGM 22JYR2 48220 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 140, 145, 148, and 149 46 CFR Parts 25, 27, 28, 30, 31, 32, 34, 50, 56, 70, 71, 72, 76, 78, 90, 91, 92, 95, 107, 108, 113, 114, 115, 116, 118, 122, 125, 132, 147, 159, 160, 161, 162, 164, 167, 169, 175, 176, 177, 181, 182, 185, 188, 189, 190, and 193 [Docket No. USCG–2012–0196] RIN 1625–AB59 Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is issuing a final rule for certain design and approval standards for fire protection, detection, extinguishing equipment, and materials on inspected and uninspected vessels, outer continental shelf facilities, deepwater ports, and mobile offshore drilling units. This rule harmonizes Coast Guard approval processes for fire detection and alarm systems, and revises Coast Guard regulations for other types of equipment, materials, and components, such as spanner wrenches, non-metallic pipes, and sprinkler systems. This rule ensures Coast Guard regulations remain current and addresses advances in technology. DATES: This final rule is effective August 22, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on August 22, 2016. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2012–0196. You may find this docket on the Internet by going to https://www.regulations.gov, inserting USCG–2012–0196 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: For information about this document, call or email Laurence E. Fisher, Office of Design and Engineering Standards, Lifesaving and Fire Safety Division (CG– ENG–4), Coast Guard; telephone 202– 372–1447, email Laurence.E.Fisher@ uscg.mil. ehiers on DSK5VPTVN1PROD with RULES2 SUMMARY: SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Executive Summary A. Purpose of the Final Rule VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 B. Summary of the Major Provisions III. Regulatory History IV. Discussion of Comments and Changes A. Comments Concerning Fire Alarm and Detection Systems B. Comments Concerning Fire Extinguishers C. Comments Concerning Other Fire Protection Equipment D. General Comments V. Summary of Changes from NPRM VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards and 1 CFR part 51 M. Coast Guard Authorization Act N. Environment I. Abbreviations AHJ Authority having jurisdiction ANSI American National Standards Institute BLS Bureau of Labor Statistics BSEE Bureau of Safety and Environmental Enforcement CFR Code of Federal Regulations EC European Community E.O. Executive Order FM FM Global FR Federal Register GT Gross Tons FSS Code International Code for Fire Safety Systems IMO International Maritime Organization MISLE Marine Information for Safety and Law Enforcement MODU Mobile Offshore Drilling Unit MRA Mutual Recognition Agreement MSC Marine Safety Committee NAICS North American Industry Classification System NFPA National Fire Protection Association NPRM Notice of proposed rulemaking NRTL Nationally Recognized Testing Laboratory OCMI Officer in Charge, Marine Inspection OCS Outer Continental Shelf OMB Office of Management and Budget OSHA Occupational Safety and Health Administration RA Regulatory Analysis § Section Symbol SOLAS International Convention for the Safety of Life at Sea UL Underwriters Laboratory U.S.C. United States Code II. Executive Summary A. Purpose of the Final Rule This final rule updates Coast Guard regulations pertaining to certain design and approval standards for fire detection and alarm systems, fire extinguishers, and other fire prevention equipment used on inspected and uninspected vessels, Outer Continental PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Shelf (OCS) facilities, deepwater ports, and mobile offshore drilling units (MODUs). These updates harmonize our regulations with national and international industry consensus standards, and incorporate other advances in fire protection technologies and standards. The basis of this regulatory action is the Secretary of Homeland Security’s regulatory authority under the following statutes: Section 1333 of Title 43, United States Code (U.S.C), mandates the issuance of safety equipment regulations for OCS facilities; 46 U.S.C. 3306 mandates the issuance of fire fighting material and equipment regulations for Coast Guard-inspected vessels and the issuance of structural fire protection and equipment regulations for small passenger vessels; 46 U.S.C. 3703 mandates fire fighting equipment and material regulations for vessels carrying liquid bulk dangerous cargoes; 46 U.S.C. 4102 authorizes marine safety equipment regulations for fire extinguishers, life preservers, engine flame arrestors, engine ventilation, and emergency locating equipment on uninspected vessels, and authorizes regulations, after consultation with the Towing Safety Advisory Committee, for fire protection and suppression measures on towing vessels; 46 U.S.C. 4302 authorizes safety equipment such as fire fighting equipment regulations for recreational vessels; and 46 U.S.C. 4502 mandates fire extinguisher regulations for some uninspected commercial fishing vessels and authorizes safety equipment regulations for certain other uninspected commercial fishing vessels. Section 1509 of Title 33, U.S.C., authorizes the Coast Guard to promulgate regulations for safety equipment relating to the promotion of safety of life and property in deepwater ports. The Secretary of Homeland Security has delegated these statutory authorities to the Coast Guard through Delegation No. 0170.1. Under the statutory authorities listed above, the Coast Guard is authorized to develop and maintain standards for fire protection, detection, extinguishing equipment, and materials on inspected and uninspected vessels, OCS facilities, deepwater ports, and MODUs. The Coast Guard implements these authorities through regulations specified in Table 1. Table 1 lists the subchapters in Titles 33 and 46 of the Code of Federal Regulations (CFR) affected by this regulatory action (collectively referred to as ‘‘affected subchapters’’), and provides a breakdown of each subchapter by subject matter. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 48221 TABLE 1—AFFECTED SUBCHAPTERS CFR title Parts Topic N NN C D F H I I–A J K 140–147 .................................. 148–150 .................................. 24–28 ...................................... 30–39 ...................................... 50–64 ...................................... 70–89 ...................................... 90–105 .................................... 107–109 .................................. 110–113 .................................. 114–124 .................................. 46 ............................................. 46 ............................................. 46 ............................................. L N Q 125–139 .................................. 140–149 .................................. 159–165 .................................. 46 ............................................. 46 ............................................. 46 ............................................. R T U 166–169 .................................. 175–187 .................................. 188–196 .................................. Outer Continental Shelf Activities. Deepwater Ports. Uninspected Vessels. Tank Vessels. Marine Engineering. Passenger Vessels. Cargo and Miscellaneous Vessels. Mobile Offshore Drilling Units. Electrical Engineering. Small Passenger Vessels Carrying more than 150 Passengers or Vessels with Overnight Accommodations for more than 49 Passengers. Offshore Supply Vessels. Dangerous Cargoes. Equipment, Construction and Material Specifications and Approval. Nautical Schools. Small Passenger Vessels (Under 100 Gross Tons (GT)). Oceanographic Research Vessels. ehiers on DSK5VPTVN1PROD with RULES2 33 33 46 46 46 46 46 46 46 46 ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. Subchapter B. Summary of the Major Provisions The major provisions of this regulatory action harmonize Coast Guard regulations with national and international industry consensus standards and update Coast Guard regulations to incorporate advances in fire protection technology for specific types of fire protection, detection, extinguishing equipment, and materials. These provisions are discussed below and are grouped by equipment type or topic. Fire detection and alarm systems: • Provides vessels with the option to meet either the applicable International Convention for the Safety of Life at Sea, 1974 (SOLAS) and the International Maritime Organization (IMO) Fire Safety Systems (FSS) Code requirements, or updated Coast Guard regulations for the design and installation of fire detection and alarm systems. These changes provide vessel owners and/or operators and designers greater flexibility in fire detection and alarm system design for U.S. domestic vessels. • Consolidates and updates the fire detection and alarm system requirements in 46 CFR subchapter H (passenger vessels). These changes also affect 46 CFR subchapters C, I, K, and T vessels where the regulations refer to subchapter H for fire detection and alarm system requirements. The consolidation of these requirements makes it easier for industry to locate and meet these requirements. These requirements reflect advancements in the fire detection and alarm systems industry, which include the development of digital technology and modern seamless electronic technology for the much larger land-based market. The Coast Guard does not require VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 retrofitting of currently installed systems, but does require any modifications to installed systems or new installations to comply with the updated requirements after a 5-year compliance period. • Revises Coast Guard approval processes for fire detection and alarm systems by allowing manufacturers of fire detection and alarm systems equipment the option of seeking approval for an entire system or an individual device; making approval processes easier for manufacturers by allowing some approval tests to be completed by an approved third party nationally recognized testing laboratory (NRTL); and requiring the use of the most current and widely used national consensus standards for approval of fire detection and alarm systems. These revisions allow for an easier replacement of individual devices and open the market to small manufacturers or to those dedicated to making components but not producing all components necessary for a complete detection system. They also provide manufacturers more flexibility and options for choosing a laboratory; and align our regulations with the most upto-date national consensus standards that are already widely used by the fire detection industry. Fire extinguishers: • Replaces the Coast Guard’s weightbased rating system for fire extinguishers with the UL performancebased rating system. Adopting the national industry standard rating system streamlines the selection, inspection, and approval processes for marine fire extinguishers. • Revises inspection, maintenance and testing requirements for fire PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 extinguishers by adopting National Fire Protection Association (NFPA) 10 ‘‘Standard for Portable Fire Extinguishers’’ (2010 Edition). NFPA 10 distinguishes between monthly inspections (a visual check) and annual maintenance (a thorough inspection of materials and components, and associated repairs). Vessel crewmembers can continue to perform monthly inspections; however, a certified person is required to conduct annual maintenance. This change aligns Coast Guard regulations with the current industry practice of having annual maintenance performed by certified persons as defined in NFPA 10. • Codifies the use of UL standards for testing and labeling of fire extinguishers. These standards provide detailed, technical requirements for construction, performance, testing, packaging, and marking of the specific type of extinguisher. This change aligns Coast Guard regulations with current industry practice. • Reduces the number of spare portable fire extinguishers required on vessels traveling domestic routes. This change is implemented due to the enhanced maintenance requirements that result in more reliable spares, as well as making new spares easier to obtain. Other fire protection equipment: • Requires small passenger vessels to carry spanner wrenches for fire hydrants that use 11⁄2 inch diameter hoses. This requirement for small passenger vessels is consistent with spanner wrench carriage requirements for other vessel types, and is necessary to ensure that firehoses can be replaced and deployed as needed. Fire protection equipment approvals: E:\FR\FM\22JYR2.SGM 22JYR2 48222 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations • Adds new specification subparts in 46 CFR subchapter Q to address existing and new approval series for fire protection equipment, materials, and components required for use on SOLAS ships. The new approval series and associated subparts codify the standards and procedures currently used by industry to obtain Coast Guard approval for fire protection equipment, materials, and components required on SOLAS ships, and set forth design, construction, testing, and performance requirements satisfying SOLAS requirements for such equipment, materials, and components. • Codifies an alternative path to Coast Guard approval through an established Mutual Recognition Agreement (MRA) to which the U.S. is a party. The MRA allows for Coast Guard approvals of certain fire protection equipment and materials issued by other nations that are members of the European Community (EC). This change will reduce manufacturer costs and burdens associated with duplicative testing and evaluation for multiple national approvals. III. Regulatory History On January 13, 2014, we published a notice of proposed rulemaking (NPRM) titled ‘‘Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment’’ in the Federal Register (79 FR 2254). We received twelve letters consisting of 44 separate comments in response to the NPRM. No public meeting was requested and none was held. IV. Discussion of Comments and Changes The Coast Guard received 44 comments in response to the NPRM. These comments were from several maritime organizations, international associations, private companies, and individuals. Eight comments concerned fire alarm and detection systems, eighteen comments concerned fire extinguishers, nine comments concerned other fire protection equipment, and nine comments we classified as general comments. Each comment is discussed below. A. Comments Concerning Fire Alarm and Detection Systems ehiers on DSK5VPTVN1PROD with RULES2 1. New Approval Processes for Fire Detection and Alarm Systems The Coast Guard received six comments from four commenters on the changes to approval processes for fire detection and alarm systems. Two commenters requested that, in addition to the Coast Guard requiring electrical control units and accessories VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 for fire alarm systems to meet UL 864 ‘‘Standards for Control Units and Accessories for Fire Alarm Systems, 2003’’, the Coast Guard should also require these products to meet FM Global (FM) 3010 ‘‘Approval Standard for Fire Alarm Signaling Systems.’’ The Coast Guard disagrees with this request. It is a long-standing Coast Guard policy to harmonize its shipping regulations with voluntary consensus standards whenever possible. UL 864 is a voluntary consensus standard and it reflects the input of a balanced group of contributors (e.g., producers, testing organizations, authorities having jurisdiction, and government) combined with the solicitation of public input. Although FM 3010 is a credible resource, it is a proprietary standard developed in-house by FM to enable its personnel to evaluate alarm systems, and it is not a voluntary consensus standard. Another commenter noted that UL 864 ‘‘Standards for Control Units and Accessories for Fire Alarm Systems, 2003’’ is a consensus standard and should be the preferred standard when determining the appropriate product certification. The Coast Guard agrees with this comment. One commenter expressed concern that as MODUs are built and have initial acceptance tests conducted overseas, it may prove difficult for the ship builder and/or facility owner to utilize a specific testing entity as required in 46 CFR 161.002–6(a), Testing Requirements, which states that ‘‘[d]evices must be tested and listed for fire service by an accepted independent laboratory, as accepted in accordance with § 159.010 of this subchapter, or by a NRTL as set forth in 29 CFR 1910.7.’’ The Coast Guard disagrees. Certain safety equipment installed or carried on U.S flag MODUs and foreign flag MODUs operating on the U.S. OCS must be type approved by the Coast Guard as set forth in the applicable inspection subchapters of the U.S. shipping regulations. The testing required to obtain these type approvals is the responsibility of the manufacturer of the equipment and is usually done by accepted independent laboratories. Later, when this equipment is installed on the MODU, the installation must be inspected and approved by a classification society and/or Coast Guard inspector. These are two different approvals. Section 161.002 of CFR 46 applies to testing of the equipment for Coast Guard type approval. Under this section, manufacturers seeking type approval of their equipment must have the equipment tested by an independent laboratory accepted by the Coast Guard PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 in accordance with § 159.010 or by an NRTL accepted by the Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.7. This final rule gives the equipment manufacturer the additional option of using an NRTL. These tests are different from the initial acceptance tests of safety equipment after installation on vessels, including MODUs, which are not affected by this provision. Instead, acceptance tests of individual installations of type approved systems on inspected vessels will continue to be carried out by classification societies and/or Coast Guard inspectors. One commenter endorsed the Coast Guard’s proposal to allow the different components of alarm and detection systems to be approved individually under the ‘‘device method’’ in 46 CFR 161.002–19, or continue to be approved collectively under the current ‘‘system method’’ in 46 CFR 161.002–18. The Coast Guard acknowledges this comment. 2. Grandfathering and Compliance Period The Coast Guard received two comments on grandfathering and the 21⁄2 year compliance period. One commenter stated that the 21⁄2 year period proposed in 46 CFR 76.27–1; 76.27–80; 76.30–1; 76.33–1; 76.35–1, and 161.002–4 for compliance with the new fire alarm and detection system regulations is inadequate, and requested that the Coast Guard consider providing a longer compliance period. The Coast Guard agrees. The Coast Guard is extending the compliance period for the grandfathering of existing fire detection and alarm installations and approvals from 21⁄2 years to five years. This longer compliance period should provide fire alarm and detection system users and manufacturers enough time to comply with the new regulations. In extending the compliance period, the Coast Guard considered that the new fire alarm and detection regulations were proposed in order to harmonize with voluntary consensus standards and not to address a perceived safety deficiency. Similarly, the Coast Guard will extend the period for completing approval programs under the current criteria from 180 days to 1 year, as specified in 46 CFR 161.002–4. The same commenter found the manner in which the Coast Guard chose to organize the NPRM’s discussion of changes on the grandfathering clause and compliance period for the fire alarm and detection regulations to be confusing and requested the time periods be in numbered paragraphs. Upon review of the discussion in the NPRM (see Section V. A. 4., E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations ‘‘Grandfathering and 2 and 1⁄2 year Compliance Period’’), the Coast Guard concurs that the paragraphs in this discussion were confusing and clarifies the discussion of the grandfathering and compliance clauses set forth in 46 CFR 76.27–1, 76.27–80, 76.30–1, 76.33–1, 76.35–1, and 161.002–4 as follows: (1) Existing systems. These existing fire alarm and detection systems (other than certain smoke sampling systems) may be kept and used for the life of the vessel unless and until they are altered. Guidance on what is considered a mere repair versus changes that constitute an altered alarm and detection system is found in 46 CFR 76.27–80(d). Owners and operators are encouraged to contact the local Coast Guard Officer in Charge, Marine Inspection (OCMI) if there is a question on whether a system will be considered altered or repaired. (2) Systems installed during the 5-year compliance period. New systems installed or existing systems altered within five years of the effective date of the final rule will be allowed to use systems meeting the requirements in place just prior to the effective date of the final rule for the life of the vessel unless and until they are altered after the 5-year compliance period. (3) Systems installed after 5-year compliance period. New systems and altered systems installed or altered five years after the effective date of the final rule will have to meet the new regulation requirements and use systems approved under the new approval criteria. ehiers on DSK5VPTVN1PROD with RULES2 B. Comments Concerning Fire Extinguishers 1. Ratings The Coast Guard received ten comments on ratings. One commenter agreed with the Coast Guard’s action to replace the Coast Guard-unique fire extinguisher rating system with the performance-based fire extinguisher rating system of UL 711, ‘‘Standard for Rating and Testing of Fire Extinguishers’’ referenced in 46 CFR 162.028–2 and 162.039–2. The Coast Guard acknowledges this comment. In contrast, another commenter questioned the replacement of the existing Coast Guard weight-based fire extinguisher rating system, circa 1952, with the UL 711 fire extinguisher rating system. The commenter was concerned that the application and coverage of fire extinguishers for vessel fires will be compromised. This commenter raised five specific issues, which we address separately in the next paragraph. The Coast Guard disagrees that the adoption of the UL 711 rating system will VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 compromise fire safety on vessels. While we agree that the 1952 Coast Guard extinguishing rating system was valid and useful, maintaining a separate rating system is not warranted in light of the general and broad acceptance of the UL 711 rating system, the demonstrated effectiveness of the UL 711 system, and the potential for confusion caused by having a separate rating system for marine use. Moreover, any differences between the two rating systems were taken into account by the Coast Guard in its development of the new requirements for the number, location, size, and type of fire extinguishers that must be carried on vessels, so the same level of fire safety is maintained under the new regulations. For example, see 46 CFR 76.50–10, Table 76.50–10(a). Turning to the specific issues cited by the commenter, the first issue concerns changes over time in the UL 711 rating system for Class A fire extinguishers, leading to different ratings for the same size extinguishers depending on the year of manufacture. The Coast Guard acknowledges that the UL 711 Class A rating system has changed more than once over the years, whereas the Coast Guard rating system has not. However, such changes may be in response to changes in technology or the end user market and are subject to consensus review. Thus, such changes are the reason the maritime industry will benefit from the incorporation of the consensus-based, voluntary UL 711 standard rather than being a reason not to adopt the standard. Similarly, the second issue concerns two changes to the UL 711 rating system of Class B fire extinguishers, leading to higher recent ratings for the same size extinguishers. Again, these changes reflect changes in technology and are subject to consensus review; these are not a reason not to incorporate the UL 711 standard. The third issue concerns the test that is used in the UL 711 standard to rate Class B extinguishers, wherein professional test operators extinguish heptane (a flammable liquid) fires in open, flat and unobstructed test pans. Specifically, the commenter is concerned that this test covers only one fire scenario and that the tests on which the rating is based are too difficult for most novices to accomplish. The Coast Guard acknowledges that the UL 711 Class B fire extinguisher ratings are based on only one fire scenario and that the test results reflect the skill of the professional test operators. However, the UL 711 rating system is an effective way of broadly ranking the effectiveness of various extinguishers on Class B fires PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 48223 in a consistent and repeatable manner, carried out by a professional laboratory. Moreover, the Coast Guard’s new rules on the number, location, sizes and types of fire extinguishers required onboard for various hazards take into account the rating process. The fourth issue concerns some extinguisher standards moving away from numerical ratings for Class B fires and instead specifying minimum agent capacities and flow rates for certain fire scenarios. The commenter cites NFPA 10 as requiring minimum quantities and flow rates for certain hazards. While NFPA 10 does specify quantities and flow rates of agents for certain hazards, it still relies on the fire test standard of UL 711 in its general prescriptions for the size and placement of extinguishers for general fire hazards. Again, the Coast Guard’s new rules on the number, location, sizes and types of fire extinguishers required onboard for various hazards take into account the expected capabilities of extinguishers classified according to the fire test standards of UL 711. The fifth issue concerns the commenter’s views that the UL 711 test for electrical conductivity is inadequate because it measures the conductivity across the fire extinguishers’ discharge stream and not across a pool of the extinguishing agent, and that use of extinguishers approved under the standard could be dangerous. The Coast Guard disagrees. The Coast Guard believes that the UL 711 test adequately measures electrical conductivity of extinguishing agents, that the extinguishers are safe when used properly, and the Coast Guard is not aware of any casualty analysis demonstrating the inadequacy of the UL 711 conductivity test. Moreover, as a voluntary consensus standard, the UL 711 test has broad acceptance and is almost universally used in domestic residential, municipal and industrial applications to good effect. Another commenter noted that UL 711 is not a certification standard and therefore, those laboratories referenced would strictly be testing laboratories. The Coast Guard acknowledges this comment and notes that the regulations in question, 46 CFR 162.028–2 and 162.039–2, refer to ‘‘approval tests.’’ The commenter added that the appropriate references to the fire extinguisher certification standards are ANSI/UL 8, ANSI/UL 154, ANSI/UL 299, ANSI/UL 626, and ANSI/UL 2129. The Coast Guard acknowledges these designations; however, per guidance from the Office of the Federal Register stating that UL published documents must be incorporated by reference as UL E:\FR\FM\22JYR2.SGM 22JYR2 48224 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations ehiers on DSK5VPTVN1PROD with RULES2 documents, the Coast Guard will not add ‘‘ANSI’’ in the title of these documents since they are not ANSI published documents. The same commenter recommends that the requirements in 46 CFR 162.039–3(b) be revised to be consistent with the UL 8 (Section 6.11), UL 154 (Section 6.10), UL 299 (Section 6.11), UL 626 (Section 6.11), and UL 2129 (Section 6.11) such that semi-portable fire extinguishers are designated based on overall weight of 60 pounds rather than 50 pounds. The Coast Guard is maintaining the weight limit at which fire extinguishers are designated as semi-portable at 50 pounds. The 50pound weight limit was chosen to harmonize with the 23 kg portable extinguisher limit that is prescribed by the International Code for Fire Safety Systems (‘‘FSS Code’’). U.S.-flagged vessels engaged in international trade are required to meet the International Convention for Safety of Life at Sea (‘‘SOLAS’’) and FSS Code regulations. One commenter endorsed the Coast Guard’s effort to reduce unnecessary complexity and confusion for fire equipment standards on vessels by providing an efficient approach to regulating fire extinguishers through less complex carriage requirements and incorporation of the UL rating system. The Coast Guard acknowledges this comment. 2. Maintenance Requirements The Coast Guard received five comments on the new maintenance requirements. One commenter suggested that the Coast Guard identify acceptable training organizations to certify personnel before they are allowed to maintain and recharge fire extinguishers. We disagree. In the Coast Guard’s experience, service providers who are licensed and certified in the local communities have proven reliable and there does not appear to be a need to change this. One commenter endorsed the Coast Guard’s action of requiring an annual inspection of portable fire extinguishers by qualified service personnel while allowing the appropriate vessel crew members to perform the required monthly visual inspection of portable fire extinguishers. The Coast Guard acknowledges this comment. Another commenter suggested that our regulations account for the different fire extinguisher designs, special types of service equipment, and personnel training required to service them. While the Coast Guard acknowledges that different types of fire extinguishers may require different equipment and techniques to service and recharge VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 them, we have relied upon service providers who are licensed and certified by local authorities. This practice has proven to be reliable and there does not appear to be a need to change it. One commenter expressed concern with the requirements in 33 CFR 145.01 and 46 CFR 107.235 and several other regulations which state that fire extinguisher servicing agencies are required to be certified by the state or local jurisdiction, suggesting that this would be problematic on waters bordered by multiple jurisdictions. The Coast Guard agrees with the commenter. We did not intend to specify any particular jurisdiction but rather want to ensure that the certification is conducted by an appropriate authority having jurisdiction (AHJ) to perform the certifications. The Coast Guard has revised these regulations by changing ‘‘the’’ to ‘‘a,’’ to state that ‘‘[c]ertification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of cylinders.’’ One commenter endorsed requiring qualified service personnel certified by local AHJs to conduct annual inspections of fire extinguishers, while endorsing vessel crew members to perform monthly visual inspections of fire extinguishers. The Coast Guard acknowledges this comment. 3. Spare-Extinguisher Requirements The Coast Guard received three comments on the new spareextinguisher requirements. One commenter suggested that the new spare extinguisher requirements must specifically address details of the procedures and equipment for recharging spent fire extinguishers. This comment mentioned three specific issues, which we address in the following paragraph. In general, however, the Coast Guard disagrees that the requirements for spare extinguishers require detailed regulations relating to recharging fire extinguishers. The spare fire extinguisher requirements in 46 CFR 34.50–10(a), 76.50–10(a), 95.50– 10(a), 108.495, 169.567(a), and 193.50– 10(a) refer to the number of complete and ready-to-use fire extinguisher units that must be carried on a vessel. These regulations do not address the carriage of spare charges for extinguishers; therefore, it is unnecessary to include spare-recharge requirements in these regulations. Turning to the specific issues cited by this commenter, the first is a suggestion that the spare extinguisher regulations PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 establish which types of fire extinguishers may be recharged and serviced by crews underway. First, as mentioned above, the new spare extinguisher regulations refer to complete units and not spare charges. Second, while the Coast Guard acknowledges that some types of fire extinguishers are more easily recharged than others, there have been no indications that existing practices warrant regulatory change. Instead, the Coast Guard will continue to rely on the AHJs to certify personnel to recharge extinguishers, and to rely on these certified personnel to recharge the extinguishers properly. The third issue raised is that the number of spare fire extinguishers should take into account the different storage, recharge, service and calibration requirements for the different types of fire extinguishers carried. Under the new regulations, however, required spares must be complete and ready-togo fire extinguisher units. Any spare recharges that may be carried onboard are surplus to this requirement and need not be addressed in the regulations. C. Comments Concerning Other Fire Protection Equipment 1. Spanner Wrench Carriage Requirements The Coast Guard received two comments on the spanner wrench carriage requirements. One commenter agrees with the revisions in 46 CFR 181.310 that will allow 46 CFR subchapter T vessel operators to use two 11⁄2 inch-diameter firehoses at external vessel locations instead of one 21⁄2 inch hose. The Coast Guard acknowledges this comment. The same commenter agreed with our requirements to install spanner wrenches at all 11⁄2 inch fire hydrants; however, the organization represented by the commenter, expressed concern with the 30-day compliance period upon the publication of this rule. The organization noted that small passenger vessels comprise half of the inspected U.S.-flagged vessel fleet and that information dissemination, purchase, and installation all have an impact on a reasonable response time. When the current rules for 46 CFR Subchapter T small passenger vessels were written, we inadvertently omitted the requirement to have spanner wrenches at all 11⁄2 inch hydrants. The commenter suggests that a more appropriate interval for compliance might be 60 days or the date of the vessel’s first annual inspection after this final rule is published, or whichever is later. The Coast Guard agrees with the commenter E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations and will revise the regulations in 46 CFR 118.310 and 181.310 to establish a 180-day compliance period. 2. Use of Non-Metallic Pipe One commenter agreed with the revisions in 46 CFR 182.720 that will allow 46 CFR subchapter T vessels to use non-metallic piping in non-vital systems per the requirements in 46 CFR 56.60–25(a)(3), as an alternative to those prescribed in subchapter T. The Coast Guard acknowledges this comment. ehiers on DSK5VPTVN1PROD with RULES2 3. Use of Plastic Pipe One commenter noted that the requirement in 46 CFR 56.60–25(a)(7) limits the certification of plastic pipe being used for potable water to certain laboratories. It was not our intent to unnecessarily exclude any appropriately qualified independent laboratories. Therefore, the Coast Guard is amending the requirement in 46 CFR 56.60– 25(a)(7) to require ‘‘[p]ipe that is to be used for potable water must bear the appropriate certification mark of a nationally-recognized, ANSI-accredited third-party certification laboratory’’ rather than referring to one particular set of laboratories. 4. Sprinkler System Requirements The Coast Guard received one comment on 46 CFR 76.25–1, ‘‘Application.’’ The commenter suggested that in addition to requiring Chapter 25 of NFPA 13, ‘‘Standard for the Installation of Sprinkler Systems’’ (2010 Edition), for the design and installation of sprinkler systems, the Coast Guard should also require sprinkler systems to meet the design and installation requirements found in NFPA 15, ‘‘Standard for Water Spray Fixed Systems for Fire Protection,’’ and NFPA 16, ‘‘Standard for the Installation of Foam-Water Sprinkler and FoamWater Spray Systems.’’ The Coast Guard disagrees. Chapter 25 of NFPA 13 is specifically directed to the unique requirements of marine, onboard, fixed fire extinguishing systems. In contrast, neither NFPA 15 nor NFPA 16 has such specific sections dealing with specifically address marine installations. Although most shore side fire protection engineering principles are adaptable to marine use, nevertheless the design and operating environment of ships is different enough to warrant special consideration. For instance, marine layout and configuration is different from buildings, and the marine environment is harsher due to salt air, salt water, vibrations and rough seas. Thus, fire extinguishing systems must be adapted to this environment. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 5. Carbon Dioxide Fire Extinguishing System Requirements The Coast Guard received one comment on 46 CFR 147.65, ‘‘Carbon dioxide and Halon fire extinguishing systems.’’ The commenter suggested that the Coast Guard extend the visual inspection requirements of Halon 1301 fire extinguishing systems to clean agent fire extinguishing systems. The Coast Guard disagrees. Halon 1301 fire extinguishing systems no longer need to be periodically emptied, hydrostatically tested, and refilled. In part, this is because the international ban on the production of Halon 1301 requires carefully controlled reclamation and collection of Halon 1301, making the emptying and refilling of Halon 1301 cylinders expensive and impractical for vessel owners. Instead, this testing will be replaced with a visual inspection. This change was made to avoid the risk of accidentally releasing Halon, an ozone-depleting agent that is very harmful to the atmosphere. As an alternative, halocarbon clean agents may be visually inspected per the existing regulations in 46 CFR 147.67. However, the hydrostatic testing method is being kept for the inert gas clean agents, in keeping with the recommendations of NFPA 2001, ‘‘Clean Agent Fire Extinguishing Systems’’ (2012), which is a consensus standard. 6. Portable Foam Applicators One commenter agreed with the Coast Guard’s action to allow the use of UL 162, ‘‘Standard for Foam Equipment and Liquid Concentrates,’’ (Seventh Edition) for the type approval of portable foam applicators found in 46 CFR 162.163–3 and 162.163.–4. The Coast Guard acknowledges this comment. 7. Independent Laboratories Two commenters endorsed the standards in 46 CFR 159.010–3 for the acceptance of independent laboratories. These comments are acknowledged. D. General Comments The Coast Guard received nine comments on the NPRM that we have categorized as general comments. Below we discuss the comments and our responses. 1. Testing Laboratories One commenter noted that the list of OSHA nationally recognized testing laboratories referenced in ‘‘Table 46 CFR 34.50–10(a) Portable and SemiPortable Extinguishers’’ footnote 13 should have included UL. The Coast Guard acknowledges that UL is listed as an OSHA NRTL (see https:// www.osha.gov/dts/otpca/nrtl/ PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 48225 nrtllist.html). No change in footnote 13 is required in response to this correction since the footnote only refers to OSHA NRTLs in general, and does not list them. 2. Incorporation by Reference One commenter endorsed the Coast Guard’s incorporation by reference of UL 8 ‘‘Standard for Foam Fire Extinguishers,’’ UL 154 ‘‘Standard for Safety for Carbon-Dioxide Fire Extinguishers,’’ UL 299 ‘‘Standard for Safety for Dry Chemical Fire Extinguishers,’’ UL 626 ‘‘Standard for Safety for Water Fire Extinguishers’’ and UL 2129 ‘‘Standard for Halocarbon Agent Fire Extinguishers’’ for the testing and labeling of fire extinguishers in 46 CFR 162.028–2 and 162.039–2. The Coast Guard acknowledges this comment. One commenter advised us that the title to UL 626 was changed to ‘‘Standard for Safety for Water Fire Extinguishers.’’ In response, the Coast Guard has amended the title of UL 626 to reflect the correct name of the standard. 3. Acceptance of Equipment Approved to Solas Requirements as Equivalent to CFR Requirements One commenter supported the Coast Guard’s recognition and acceptance of certain equipment, materials, and components approved under SOLAS. The Coast Guard acknowledges this comment. However, the commenter requested to know how industry could alleviate any possible conflicts that may exist in other regulations and in published Navigation and Vessel Inspection Circulars with regard to the SOLAS/Coast Guard equivalency provisions referenced in the NPRM (e.g., 33 CFR 140.15 (b), which requires specific Coast Guard type approval). The Coast Guard does not detect a conflict. Where Coast Guard regulations require type approval of equipment they clearly state such approval shall be made by the Commandant of the Coast Guard. This is in accord with SOLAS, which has regulations that call for approved equipment, but leaves the approval of the equipment to the Administration, which in the United States means the Commandant, for vessels and MODUs under the United States’ flag. The new rules simplify which standards must be used for the approval of materials and equipment for use on domestic vessels by allowing these vessels an option to have structural fire protection in accordance with SOLAS and applicable FTP Code provisions, and by adopting FTP Code and FSS Code provisions for certain E:\FR\FM\22JYR2.SGM 22JYR2 48226 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations ehiers on DSK5VPTVN1PROD with RULES2 types of fire extinguishing and detecting equipment. This is not a blanket adoption of these international standards for the approval of all materials and equipment on domestic vessels. However, the applicable regulations must be consulted for specific situations, especially if the SOLAS option for structural fire protection is not selected. Interested parties also are referred to the applicable regulations, and NVIC 06–05, Unified Interpretations of SOLAS Chapter II–2, the FSS Code, the FTP Code and related fire test procedures, and NVIC 9–97, CH1, Guide to Structural Fire Protection. 4. Harmonization The Coast Guard received four comments regarding harmonization with national and/or international standards. While endorsing the new fire extinguisher regulations, one commenter expressed concern about the fire protection, detection, and extinguishing equipment provisions for harmonizing Coast Guard requirements with international standards because they are so complex that it is difficult to determine exactly how they impact towboats that operate only in domestic inland waters. If these standards do apply to such vessels, the commenter requested that the Coast Guard extend the comment period and hold public meetings to better explore the impacts of these revisions on inland towing vessels to ensure that international standards are not automatically applied to inland U.S. mariners and vessel operations since their operating environment is drastically different. The commenter added that it seems as though there are no direct impacts to the domestic towboat industry; however, the commenter urged the Coast Guard to ensure that any future considerations to apply international standards to domestic-only vessels be done only after discussions with domestic inland towing vessel operators. The Coast Guard acknowledges the commenter’s concerns. Where international SOLAS or consensus standards apply to domestic vessels in the rule, these standards provide flexibility by allowing for regulatory alternatives to the existing regulations and do not change the existing domestic requirements. For this reason, neither an extension of the comment period nor a public meeting on this subject is needed. One commenter endorsed the Coast Guard’s harmonization of standards for fire protection, detection, and extinguishing equipment. This comment is acknowledged. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Two commenters supported the Coast Guard’s objective of harmonizing fire protection requirements; however, consistent with that objective and the Coast Guard’s commitment to a ‘‘one shelf, one standard policy,’’ the commenter’s recommended that in the interest of safety and regulatory efficiency, the Coast Guard and the Department of Interior Bureau of Safety and Environmental Enforcement (BSEE) should promulgate joint fire protection requirements for OCS facilities. Both the Coast Guard and the BSEE have statutory authority for regulation of MODUs and facilities on the OCS. Generally, the Coast Guard regulates the MODUs as inspected and certificated vessels, while the BSEE regulates the MODUs when attached and engaging in drilling operations. Accordingly, the Coast Guard and the BSEE have apportioned the responsibilities for the regulation of the various systems associated with MODUs between themselves as the lead agencies. Under this apportionment, the Coast Guard is responsible for fire protection on MODUs except for the drill floor and related areas. None of the regulations in the current rulemaking affect the drill floor and related areas, therefore the Coast Guard has determined that this final rule does not conflict with any BSEE regulations. Moreover, the Coast Guard and the BSEE systematically coordinate so as to promulgate regulations that foster fire safety, among other objectives, in an efficient manner. 5. Preemption One commenter agrees with the revisions to existing regulations and the issuance of new regulations that preempt state and local regulation with regard to fire protection, detection, extinguishing equipment, and materials on several types of vessels. These vessels include inspected vessels, uninspected vessels, uninspected commercial fishing vessels, towing vessels, deepwater ports, MODUs, and OCS facilities. This commenter urged the Coast Guard to add specific regulatory language stating that the requirements in 46 CFR subchapters H, K, and T completely preempt state and local regulations. The Coast Guard acknowledges this comment, and refers to the preemption section of this preamble below which is consistent with applicable law. V. Summary of Changes From NPRM Changes made in the final rule in response to comments are discussed in detail above in Section IV, ‘‘Discussion of Comments and Changes’’. Additional PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 changes are discussed individually below. The Coast Guard has added a comma to sections 46 CFR 76.10–10(b)(2) and 95.10–10(b)(2) to make clear that one wye connection supplies two 11⁄2 inch hoses. Section 193.10–10(b) of Title 46 of the CFR already had this comma. In 46 CFR 76.10–10(d), the existing requirement that there be enough hydrants such that two hose streams reach all parts of the vessel accessible to passengers and crew other than machinery and cargo spaces was inadvertently deleted. We are restoring this two-hose-stream requirement in the final rule. In the NPRM, the Coast Guard proposed that the number of spare fire extinguishers that must be carried on domestic vessels be reduced from 50 percent of the number of extinguishers required to as low as 10 percent. We also sought specific comments on the appropriate percentage of spares necessary, along with a brief explanation. Because we received no specific comments or suggested percentages of spares in response, we are setting the percentage of spares required at 10 percent in the final rule based on the rationale set forth in the NPRM that a reduction in the number of spares required is warranted by the enhanced maintenance provided by the new regulations and by the ease in the ability to source spares when needed. The tables that specify the 10 percent spare requirement are 46 CFR 34.50– 10(a), 76.50–10(a), 95.50–10(a), and 108.495. Tables to 46 CFR 132.220 and 193.50–10(a) are already set at the 10 percent requirement rate. Other fire extinguisher tables do not reference spares, so they remain unchanged. Spacing and indentation have been changed for the ‘‘Spares’’ row in the required fire extinguishers tables in order to clarify that the ‘‘Spares’’ row is a separate category and not part of the category immediately above it. This change was made to the tables to 46 CFR 76.50–10(a), 95.50–10(a), 108.495, 132.220, and 193.50–10(a). Table to 46 CFR 34.50–10(a) was already correctly spaced. In response to comments, the Coast Guard revised 46 CFR 56.60–25(7) to allow all nationally-recognized, ANSIaccredited, third-party certification laboratories to be used to certify plastic pipe carrying potable water, rather than specific laboratories. In response to comments, the Coast Guard revised the following sections to clarify that any appropriate AHJ can be used: See 33 CFR 145.01(b)(1), and 149.408(b); and 46 CFR 25.30–10(b), 31.10–18(a)(1), 91.25–20(a)(1)(i), E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 107.235(a)(1), 169.247(a)(1)(i), 176.810(b)(1)(i), and 189.25–20(a)(1)(i). In response to comments specifically requesting a change in the compliance period, we revised the following sections to extend the compliance period for new and altered detection and alarm systems from 21⁄2 years to 5 years: 46 CFR 76.27–1, 76.27–80, 76.30– 1, 76–33–1(a) & (b), and 76.35–1(b). Furthermore, the Coast Guard revised 46 CFR 161.002–4(b) and (c) to extend the allowable period for obtaining approvals of detection and alarm systems based on the provisions in place prior to the effective date of this rule. The Coast Guard revised sections 46 CFR 118.310 and 181.310 to extend the compliance period for obtaining 11⁄2 inch spanner wrenches from 30 to 180 days from date of publication of the final rule in response to comments. As a result of one comment, the Coast Guard revised the following sections to correct the name of UL 626 to ‘‘Standard for Safety for Water Fire Extinguishers:’’ 46 CFR 162.028–1(b)(4), 162.028– 3(a)(4), 162.039–1(c)(4), and 162.039– 3(a)(4). To harmonize this regulation with a separate and concurrent rulemaking for commercial towing vessels (see the Inspection of Towing Vessels notice of proposed rulemaking (76 FR 49976, August 11, 2011)), the Coast Guard deleted requirements regarding excess non-approved fire detection systems onboard uninspected towing vessels in proposed 46 CFR 27.203(b)(2) and 27.203(b)(3), respectively. Specifically, the requirements for installation of these systems to conform to 46 CFR chapter I, subchapter J, (Electrical Engineering) and for the Coast Guard to review wiring plans were removed because they exceed those found in the towing vessels proposed rulemaking. Proposed § 27.203(b)(4) was renumbered to § 27.203(b)(2). The Coast Guard does not require these excess systems to be inspected aboard uninspected vessels therefore the requirement for testing and inspection was removed from new § 27.203(b)(2) in the final rule. Commercial fishing vessels are also uninspected. Proposed 46 CFR 28.155(a)(2) and 28.155(a)(3), mirrored the proposed §§ 27.203(b)(2) and 27.203(b)(3) above and were likewise removed to maintain consistency with uninspected towing vessels. Additionally, proposed § 28.155(a)(4) was renumbered to § 28.155(a)(2), and the statement requiring testing and inspection was removed from new § 28.155(a)(2) for the same reason as discussed for proposed § 27.203(b)(4) above. The Coast Guard has the authority to test and inspect any and all systems required under the various inspection subchapters in both Title 33 and Title 46 CFR. Superfluous proposed requirements in 33 CFR 149.404(b)(4); and 46 CFR 34.01–5(b)(4), 76.01–5(b)(4), 95.01–5(b)(4), 118.120(b)(4), 132.340(b)(4), 167.45–30(b)(4), 181.120(b)(4), and 193.01–5(b)(4) were subsequently removed in this final rule. VI. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes or E.O.s. A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety 48227 effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. A final Regulatory Assessment follows. As previously noted in Section IV, ‘‘Discussion of Comments and Changes’’, we received 44 comments in response to the NPRM. These comments were from several maritime organizations, international associations, private companies, and individuals. Eight comments concerned fire alarm and detection systems, 18 comments concerned fire extinguishers, nine comments concerned other fire protection equipment, and nine comments we classified as general comments. We received no comments regarding the regulatory analysis (RA) performed for the NPRM. Therefore, we adopt the methodology and assumptions for the costs and benefits from the NPRM as final. However, we have updated the analysis with the current affected population, wage rates, training costs, and equipment cost estimates as reflected in the revised analysis below. For brevity, we omit all items which we previously determined will impose no new burden on industry and are not expected to result in additional costs. For a detailed discussion refer to the January 13, 2014 NPRM publication entitled, ‘‘Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment’’ in the Federal Register (79 FR 2254). The table below summarizes the elements in the analysis that were updated between the NPRM and the final rule. TABLE 2—SUMMARY OF CHANGES BETWEEN NPRM AND FINAL RULE Category Description Rationale Affected Population .............. Updated estimates for the affected population of vessels, offshore facilities, MODUs, and recreational vessels. Loaded wage for BLS occupation code 53–5011, Sailors and Marine Oilers. Loaded wage for BLS occupation code 53–5021, Captains, Mates, and Pilots of Water Vessels. Compliance period proposed in 46 CFR 76.27–1; 76.27–80; 76.30–1; 76.33–1; 76.35–1, and 161.002– 4 for new fire alarm and detection system increased from 21⁄2-years to 5 years. Compliance period for carriage of spanner wrenches in 46 CFR 181.310 increased from 30 days following publication of the final rule to 180 days. Updated the 2012 data pull with 2013 data to reflect the most current full year estimates in MISLE and Recreational Boating Statistics. Updated the 2012 BLS loaded wage estimates with 2013 estimates. Updated the 2012 BLS loaded wage estimates with 2013 estimates. Facilitate harmonizing with voluntary consensus standards without imposing additional costs on industry, lining up with our initial assessment. Wages .................................. Wages .................................. ehiers on DSK5VPTVN1PROD with RULES2 Compliance Period ............... Compliance Period ............... VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 Response to public comment. No impact on initial assessment. E:\FR\FM\22JYR2.SGM 22JYR2 48228 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations This RA provides an evaluation of the economic impacts associated with this final rule. The table which follows provides a summary of the final rule costs and benefits. TABLE 3—SUMMARY OF THE IMPACTS OF THE FINAL RULE Category Summary Affected Population ......................... Total and Annualized Costs (7 percent discount rate). Unquantified Benefits ...................... Affected population varies by CFR title and subchapter, see Table 4 below. $1.1 million total costs; $156,588 annualized costs. • • • • Harmonization and compliance with international standards; Harmonization with industry consensus standards; Increased compliance choices, reducing regulatory compliance burdens; Reduction in risk from potentially toxic or flammable gases no longer being routed into human-occupied spaces; and, • Increased safety through the availability of tools and equipment during emergency situations. The final rule contains provisions amending the CFR requirements for fire protection equipment, materials, components, and systems. In the NPRM, Section V, ‘‘Discussion of Proposed Rule’’, laid out the proposed changes and the rationale for those changes. The provisions fell into two broad categories: (1) Provisions that harmonize Coast Guard regulations with national and international industry consensus standards; and (2) provisions that correct or adjust existing regulations referring to specific issues or equipment. Most of the provisions, both harmonizing and non-harmonizing, were not expected to impose additional costs upon the industry. However, we identified three provisions which we expect to have a cost impact on industry: (1) Sample extraction type smoke detection systems requirements, which specify that all existing vessels using sample extraction fire detection methods route the gases outside the vessel and install a sensing device that will trigger a visual and audible alarm in the bridge; (2) Fire extinguisher carriage and maintenance requirements, which eliminate the current Coast Guardspecific rating system for fire extinguisher classification, and specify that individuals performing annual inspection, maintenance, or necessary recharging of fire extinguishers must be certified in accordance with the standards of NFPA 10; and, (3) Spanner wrench carriage requirements for small passenger vessels, which specify that all subchapter K and T vessels carry a spanner wrench for each 11⁄2 inch diameter hose installation. Based on these elements, Table 4 shows the total affected population and the numbers of vessels, offshore facilities, and MODUs organized by CFR subchapter. For each of the three provisions noted before, we identified the affected population and the respective economic impacts. TABLE 4—AFFECTED POPULATION CFR Title Subchapter Topic 33 .................................................................................. 33 .................................................................................. 46 .................................................................................. N NN C 46 46 46 46 46 46 46 D F H I I–A J K Outer Continental Shelf Facilities ................................. Deepwater Ports ........................................................... Uninspected Vessels .................................................... Towing Vessels ......................................................... Uninspected Vessels ................................................ Fishing Vessels ......................................................... Recreational Vessels * .............................................. Tank Vessels ................................................................ Marine Engineering ...................................................... Passenger Vessels ....................................................... Cargo and Miscellaneous Vessels ............................... Mobile Offshore Drilling Units (MODU) ........................ Electrical Engineering ................................................... Small Passenger Vessels Carrying more than 150 Passengers or with Overnight Accommodations for more than 49 Passengers. Offshore Supply Vessels .............................................. Dangerous Cargoes ..................................................... Equipment, Construction and Material Specifications and Approval. Nautical Schools ........................................................... Small Passenger Vessels (Under 100 Gross Tons) .... Oceanographic Research Vessels ............................... .................................................................................. .................................................................................. .................................................................................. .................................................................................. .................................................................................. .................................................................................. .................................................................................. L N Q 46 .................................................................................. 46 .................................................................................. 46 .................................................................................. ehiers on DSK5VPTVN1PROD with RULES2 46 .................................................................................. 46 .................................................................................. 46 .................................................................................. R T U Population 8,573 56 11,232,060 7,961 86,370 34,723 11,103,006 5,362 n/a 308 1,750 259 n/a 591 1,548 42 n/a 127 11,157 888 * Mechanically propelled recreational vessels Source: USCG MISLE database for all non-recreational populations. Recreational vessel population is from COMDTPUB P16754.27—2013 Recreational Boating Statistics, Table 37, available at https://www.uscgboating.org/assets/1/AssetManager/2013RecBoatingStats.pdf. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Costs In the following discussion, we describe the impacts for each of the three categories for the provisions listed in the previous paragraphs. As previously noted, we received no comments regarding the RA we performed for the NPRM. We therefore adopt the methodology and cost assumptions as final. However, we have updated this section using 2014 population estimates, wage rates, training costs, and equipment costs. (1) Sample Extraction Type Smoke Detection Systems This requirement implements changes regarding the ventilation of potentially toxic or flammable gases. Previous regulations allowed systems to route these potentially toxic or flammable gases or smoke from the cargo hold to the bridge so that a watchstander could detect a problem by smell. International consensus standards consider this practice unacceptably dangerous, and SOLAS has required routing of sampled gases out of manned spaces since the 1978 protocol, which went into effect May 25, 1980. The new provisions, found in 46 CFR 76.33, require that existing vessels using sample extraction fire detection methods route the gases outside the vessel and install a sensing device that will trigger a visual and audible alarm on the bridge. Existing vessels will have 5 years in which to comply with this provision. Currently, all U.S. vessels that are SOLAScertificated and built after May 25, 1980, are in compliance with this provision. According to the Coast Guard Marine Information for Safety and Law Enforcement (MISLE) database which documents the types of fire detection systems installed on vessels, the affected population for this provision includes three vessels: two active SOLAS vessels built before May 25, 1980, and one active non-SOLAS vessel. Information from the U.S. Bureau of Labor Statistics (BLS) indicates that the loaded mean hourly labor cost (wages and benefits) is $28 for Sailors and 48229 Marine Oilers (BLS occupation code 53– 5011 1). This loaded wage rate includes the hourly base wage rates of $19.56 multiplied by a load factor of 1.43 (rounded).2 We estimate the cost per vessel to comply with this provision at $1,243. This includes the installation of a ventilation fan (average catalogue price $375) and a fixed gas detector (average price $700) and the cost of installation (6 hours at the equivalent wage of a crewmember $28.00 per hour × 6 hours = $168). We assume that one of the affected vessels will comply each year (given 5 years to meet compliance) beginning in the third year after publication of this final rule.3 Over the 10-year period of analysis, we estimate the total present value costs of this provision to be about $2,849 and $3,314 discounted at 7 and 3 percent, respectively. We estimate the annualized costs to be approximately $695 and $724 discounted at 7 and 3 percent, respectively. Table 5 summarizes the costs of this provision to industry. TABLE 5—REQUIREMENT FOR ROUTING POTENTIALLY TOXIC OR FLAMMABLE GASES OR SMOKE Total cost all vessels Affected vessels Year(s) Avg. cost per vessel Undiscounted 7 percent discount 3 percent discount 1 ........................................................................................... 2 ........................................................................................... 3 ........................................................................................... 4 ........................................................................................... 5 ........................................................................................... 6–10 ..................................................................................... 0 0 1 1 1 0 $1,243 1,243 1,243 1,243 1,243 1,243 $0 0 1,243 1,243 1,243 0 $0 0 1,015 948 886 0 $0 0 1,138 1,104 1,072 0 Totals * .......................................................................... Annualized .................................................................... 3 ........................ — ........................ 3,729 ........................ 2,849 695 3,314 724 * Totals may not sum due to rounding These provisions apply to all the affected populations carrying portable and semi-portable fire extinguishers listed in Table 4, including recreational vessels. These provisions eliminate the current Coast Guard-specific rating system for fire extinguisher classifications, in favor of the classifications specified in the relevant national industry standards. The Coast Guard rating system relied on a prescriptive weight-based standard for the retardant, while the modern industry standards, UL 711 and NFPA 10, are performance-based. Currently, all Coast Guard-approved fire extinguishers are rated by their testing laboratories using both the Coast Guard and the NFPA 10 and UL 711 rating systems. Sections 162.028–4 and 162.039–4 of Title 46 of the CFR require labeling of approved extinguishers with specific language which includes the Coast Guard rating of the extinguisher. As a result, the Coast Guard rating system was a duplicative and confusing requirement that was inconsistent with current industry standards. With this change, manufacturers of fire extinguishers no longer have to label their extinguishers with the Coast Guard rating. Extinguisher labeling will remain consistent with current industry formats and styles, and manufacturers will not need to redesign their current labels. This simplifies labeling requirements for manufacturers and limits confusion for purchasers of fire extinguishers for marine use. Currently, all fire extinguishers with Coast Guardspecific approval are marked with a UL 1 https://www.bls.gov/oes/2013/may/ oes535011.htm. 2 Load factor is determined by dividing the reported total average compensation for all private industry workers of $30.11 per hour worked as reported in June, 2014 by the wages and salaries per hour worked of $21.02. ‘‘Table 9. Private industry workers, by major occupational group: employer costs per hours worked for employee compensation and costs as a percentage of total compensation, 2004–2014,’’ available at: https://www.bls.gov/ncs/ ect/sp/ececqrtn.txt. 3 We anticipate that vessel owners will use the first two years, after this rule goes into effect, for planning purposes to schedule for upgrading to the new requirement. (2) Fire Extinguishers This rule makes parallel changes in each of the subchapters which require vessels, offshore facilities, and deepwater ports to carry Coast Guard approved portable or semi-portable fire extinguishers. ehiers on DSK5VPTVN1PROD with RULES2 Ratings: UL 711 and NFPA 10:2010 VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 ehiers on DSK5VPTVN1PROD with RULES2 48230 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations rating. Therefore, 46 CFR 162.028–4 and 162.039–4 will no longer require labeling of approved extinguishers with Coast Guard rating language. The removal of these requirements eliminates confusion and has no impact on the approval procedure. We anticipate that manufacturers will continue using their current supply of labels and will only remove the Coast Guard-specific rating information when they order new labels. Industry therefore will not incur any additional expense from this requirement. The changes also include adjusting the current carriage requirements for fire extinguishers found in each subchapter that are currently based on the Coast Guard ratings (example: B–II) to an equivalent requirement that is based on the NFPA 10 and UL 711 ratings (example: 20–B). However, as previously noted in the NPRM, section ‘‘V. Discussion of Proposed Rule’’, we established close correlation between Coast Guard ratings and the NFPA 10 and UL 711 ratings, so that the number and relative size of extinguishers does not change. In some cases, however, a slightly larger or smaller extinguisher may be required. This rule does not require existing vessels to replace serviceable portable and semi-portable fire extinguishers as long as the equipment is properly maintained. When equipment is replaced, replacement fire extinguishers will have to meet the requirements of this rule. New vessels, constructed after the publication of the final rule, are required to be equipped with extinguishers that conform to the new requirements. Whenever they become unserviceable, all portable and small semi-portable fire extinguishers will require replacement with UL-rated extinguishers. The examination of marine casualty reports from the MISLE database found positive correlations in extinguisher performance between the Coast Guard weight-based standard and the UL performance standard. The prices of extinguishers obtained from industry catalogues indicate there is no differential in prices between extinguishers approved under the previous Coast Guard standard and comparable extinguishers rated according to the UL standards. For this reason, we do not expect these provisions relating to fire extinguishers in non-machinery spaces to result in any additional cost to industry. The provisions requiring UL class fire extinguishers will affect certain vessels using large semi-portable CO2 extinguishers (class B–IV and B–V). Extinguishers of this size are required in VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 certain machinery spaces of vessels described under the different subchapters as shown in Table 4. The Coast Guard’s previous weight-based rating system allowed CO2 extinguishers to be used where larger semi-portable extinguishers were required. However, CO2 extinguishers cannot meet the UL performance standards to receive a sufficient rating to be considered equivalent to class B–IV and B–V extinguishers under those standards, therefore semi-portable CO2 extinguishers will no longer be permitted to be used in these circumstances. However, as with all other extinguishers, existing vessels do not have to replace their currently operational extinguishers and may continue to use these extinguishers in machinery spaces until they become unserviceable, when they will have to be replaced with extinguishers of comparable classification under the UL rating scale. Vessels using CO2 based extinguishers will be required to replace their semi-portable CO2 extinguisher with an extinguisher that uses another extinguishing agent. To determine if there is a cost differential between the current Coast Guard-approved CO2 semi-portable fire extinguishers and the comparable UL rated fire extinguishers, the Coast Guard Lifesaving and Fire Safety Division (CG– ENG–4) examined the catalogue pricing of B–V extinguishers that use other fireretardant agents. The average price of the CO2 based B–V extinguisher is approximately $5,000, whereas the B–V extinguishers using other agents range in price from $1,200 to $2,000. This cost differential will result in a net savings 4 for all vessels that replace these larger CO2 extinguishers as we will not require replacement ahead of the normal replacement schedule. Maintenance: NFPA 10: 2010 These provisions require that individuals performing the annual inspection, maintenance, and necessary recharging of fire extinguishers be certified in accordance with the standards of NFPA 10. Currently, all Coast Guard approved portable fire extinguishers have language on the label stating that the extinguisher is to be inspected and maintained in accordance with NFPA 10. The NFPA 10 requirements are consistent with longstanding industry standard practices in the U.S., both shoreside and marine, and refer to the inspection and maintenance of fire extinguishers. We do not collect or maintain records of personnel who are currently NFPA 10 certified, so we estimated compliance costs below based on our best available information. Non-rechargeable (non-refillable) fire extinguishers are replaceable units that are expected to require little or no maintenance; after one use or a maximum service life of 12 years, they are replaced. For these extinguishers, all inspections (monthly and annual) and maintenance can continue to be done by owners, operators or designated crewmembers. Uninspected vessels, including recreational vessels, generally carry these types of extinguishers and are therefore not expected to be subject to any additional costs due to these provisions. The Coast Guard is not requiring that the vessel owners, operators, or designated crewmembers performing monthly inspections and annual maintenance of rechargeable fire extinguishers be NFPA 10 certified. NFPA 10 requires that a ‘‘certified’’ person perform all annual maintenance of rechargeable extinguishers. Under this rule, monthly inspections can continue to be performed by the owner, operator or a designated crewmember. For annual maintenance required by this rule carried out by persons certified under NFPA 10, the Coast Guard will accept the certification or licensing of a fire extinguisher servicing company according to NFPA 10, granted by an appropriate state or local AHJ for servicing and maintenance. The Coast Guard’s MISLE database contains records on approximately 114,395 fire extinguishers on 17,228 U.S.-flagged vessels which may be affected by these provisions. We do not have information as to which of these extinguishers are disposable and which are rechargeable; for the cost analysis we assumed that all of the extinguishers are rechargeable. We also estimated that more than 90 percent 5 of inspected vessels currently use private servicing companies (which are already in compliance with NFPA 10) in lieu of doing their own annual maintenance, and are therefore not expected to incur any additional costs due to these provisions. The costs associated with these provisions include the certification costs for owner/operators who wish to continue performing annual maintenance according to NFPA 10 4 We are unable to provide a cost estimate for the savings that vessels may incur from replacing CO2 extinguishers, because there is no way of knowing the exact number of CO2 extinguishers being carried on vessels or the rate of future replacements. 5 The 90 percent is an estimate provided by subject matter experts from Coast Guard’s Lifesaving& Fire Safety Division, Office of Design & Engineering Standards based on input from field marine inspectors. PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations specifications. We estimate that 10 percent or 1,723 vessels are currently not using a private servicing company to maintain their extinguishers. We, therefore, assume that a designated individual from each of these vessels will continue to perform annual maintenance on their extinguishers and will therefore need to obtain certification. Table 6 summarizes the 48231 population of vessels and fire extinguishers, as well as the average extinguisher count per vessel. TABLE 6—AFFECTED POPULATION FOR VESSELS CHOOSING CERTIFICATION Existing population Affected population (10 percent of existing) CFR Subchapter Vessels Extinguishers Vessels Average per vessel Extinguishers D—Tank Vessels ..................................................... H—Passenger Vessels ............................................ I—Cargo and misc. Vessels .................................... I–A—MODU ............................................................. K—Small Passenger Carrying 150+ PAX or 49+ Overnight .............................................................. L—Offshore Supply Vessels .................................... N—Dangerous Cargoes (Dry Bulk) ......................... R—Nautical Schools ................................................ T—Small Passenger Vessels (<100 Gross Tons) .. U—Oceanographic Vessels ..................................... Unspecified .............................................................. 3,261 278 1,609 81 12,715 8,282 30,674 4,222 326 28 161 8 1,272 828 3,067 422 3.90 29.79 19.06 52.12 455 563 44 44 10,354 75 464 3,646 11,881 323 865 38,286 1,900 1,601 46 56 4 4 1,035 8 46 365 1,188 32 87 3,829 190 160 8.01 21.10 7.34 19.66 3.70 25.33 3.45 Totals * .............................................................. 17,228 114,395 1,722 11,440 6.64 * Totals may not sum due to rounding. NFPA 10 certification can be obtained by either taking an online examination that lasts 21⁄2 hours, or by attending an 8-hour seminar concluding with an examination. Upon successful completion, a certificate is awarded which will be valid for three years. We assume that individuals currently servicing fire extinguishers are familiar with proper maintenance methods and any necessary training prior to the exam will be accomplished through on-the-job training. We also assume that owners and operators will choose the leastcostly and time-consuming means of obtaining certification. Therefore, we assume that certification will be obtained using the online method. Based on an online price quote from Fire Protection Certification Ltd,6 we estimate the cost for NFPA 10 certification using the online method of certification to be $139 per course.7 As previously discussed, information from the BLS indicates that the loaded mean hourly labor cost (wages and benefits) is $28 (rounded) for crew members (BLS occupation code 53– 5011—Sailors and Marine Oilers). This loaded wage rate includes the hourly base wage rates of $19.56 multiplied by a load factor of 1.43. We assume one crew member per vessel will be certified. We also anticipate that in the initial year of this rule, all vessels performing their own maintenance will have a crewmember certified. Thereafter, we anticipate that 1⁄3 of the affected population will have one crewmember certified each year.8 Certification through online examination will cost approximately $209 per mariner ($139 + (2.5 hrs × $28/ hr)). The annual cost of online examination for 10 percent of the affected population is approximately $360,000 (undiscounted) for the first year and approximately $120,000 (undiscounted) for the recurring years. Additionally, we anticipated that industry will incur a cost burden for recordkeeping of crew members’ certifications. Vessel owners and operators must have crew members’ certificates available when asked by an inspector to verify crew member training. We assume that a person in charge of the vessel will spend 2 minutes filing the certificate and 2 minutes to produce the certificate upon request. Based on information from the BLS, we estimate a loaded wage rate 9 of $52 (rounded) and an estimated annual cost of this requirement to be $3.47 per vessel ($52 × 4 minutes ÷ 60 min/hr). We have included a detailed Paperwork Reduction Analysis in the collection of information section of the RA. Over the 10-year period of analysis, we estimate the present total value cost at approximately $1.08 million discounted at 7 percent with an annualized cost of approximately $154,000 discounted at 7 percent. Table 7 summarizes the cost impact of this rule on industry. TABLE 7—CERTIFICATION COSTS FOR NFPA 10 Undiscounted costs Certifications per year ehiers on DSK5VPTVN1PROD with RULES2 Year 1 ........................................................................................... 6 https://www.fpcltd.com/. 7 https://train.fpcltd.com/. 8 The 1⁄3 certification estimate is based on vessels having employee turnover and/or crewmember needing to re-certify every three years. In this analysis we assume that for years 2 and 3, 1⁄3 of the VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Cost of online examination Total with recordkeeping costs $359,898 $365,873 1,722 affected population will be required to get certified due to an equal number of crew turnover or change in job status that would require new certification of another crewmember. Thereafter, we assume that the number of crewmember turnover, change of job PO 00000 Frm 00013 Fmt 4701 Total discounted costs Sfmt 4700 Online examination (7 percent) $341,938 Online examination (3 percent) $355,217 status and re-certification would equate to 1⁄3 of the affected population per year. 9 Mean hourly wage of $36.34 for BLS occupation code 53–5021, Captains, Mates, and Pilots of Water Vessels (https://www.bls.gov/oes/2012/may/ oes535021.htm), multiplied by a load factor of 1.43. E:\FR\FM\22JYR2.SGM 22JYR2 48232 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 7—CERTIFICATION COSTS FOR NFPA 10—Continued Undiscounted costs Certifications per year Year Total discounted costs Cost of online examination Total with recordkeeping costs Online examination (7 percent) Online examination (3 percent) 2 ........................................................................................... 3 ........................................................................................... 4 ........................................................................................... 5 ........................................................................................... 6 ........................................................................................... 7 ........................................................................................... 8 ........................................................................................... 9 ........................................................................................... 10 ......................................................................................... 574 574 574 574 574 574 574 574 574 119,966 119,966 119,966 119,966 119,966 119,966 119,966 119,966 119,966 121,958 121,958 121,958 121,958 121,958 121,958 121,958 121,958 121,958 106,523 99,554 93,041 86,954 81,266 75,949 70,981 66,337 61,997 114,957 111,609 108,358 105,202 102,138 99,163 96,275 93,470 90,748 Totals * .......................................................................... ........................ 1,439,592 1,463,493 1,084,539 1,277,136 Annualized .................................................................... ........................ ........................ ........................ 154,414 149,719 * Totals may not sum due to rounding. (3) Spanner Wrench Carriage Requirement for Small Passenger Vessels These provisions require that all subchapter K and T vessels carry a spanner wrench for each 11⁄2 inch diameter hose installation. According to the Coast Guard’s MISLE database, there are approximately 2,613 subchapter K and T vessels with 11⁄2 inch diameter hose installations. The total number of 11⁄2 inch diameter hose installations onboard the vessels is 6,645, for an average of approximately 2.5 hose installations per vessel. The individual catalogue prices of spanner wrenches indicate a cost of $15 to $25 each. Table 8 summarizes the vessel population and the cost of the potential distribution of spanner wrenches per vessel costs depending on the number of 11⁄2 inch diameter hose installations. Coast Guard marine inspectors report that over 90 percent of subchapter K and T vessels already have the necessary spanner wrenches. We therefore assume that 261 vessels, or 10 percent of vessels in the affected population, will need to purchase spanner wrenches based on the number of 11⁄2 inch diameter hose installations on board. TABLE 8—SUMMARY OF VESSEL POPULATION AND POTENTIAL PER-VESSEL COSTS Total vessel count Number of 11⁄2″-hose installations 10 Percent of affected vessels 1 ....................................................................................................................... 2 ....................................................................................................................... 3 ....................................................................................................................... 4 ....................................................................................................................... 5 ....................................................................................................................... 6–9 ................................................................................................................... 10–20 ............................................................................................................... >20 ................................................................................................................... 645 1,295 267 158 125 81 33 9 2,613 Low 65 130 27 16 13 8 3 1 Total * ........................................................................................................ Costs per vessel 261 Table 9 summarizes the total costs of this requirement to industry. Although we increased the compliance period from 30 days to 180 days following the publication of the rule, we still assume the costs of this requirement to be incurred in the first year. We estimated costs for this provision based on the average cost range of spanner wrenches to be $20 per spanner wrench. Based on information from MISLE, there are approximately 6,645 11⁄2 inch diameter hose installations onboard 2,613 vessels for an average of 2.5 (rounded) 11⁄2 inch diameter hose installations per vessel. Based on an average of 2.5 hose $15 30 45 60 75 90–135 150–300 300–$750 High $25 50 75 100 125 150–225 250–500 525–$1,250 installations per vessel (as noted above, for cost calculation purposes in this analysis we use an average cost for the wrench of $20), the average per vessel cost is approximately $50 ($20 per unit × 2.5 units per vessel). ehiers on DSK5VPTVN1PROD with RULES2 TABLE 9—TOTAL COSTS OF SPANNER WRENCH-CARRIAGE REQUIREMENT Affected vessels (A) Spanner Wrench Price .................................................................................... 10 Percent of count of 11⁄2″ installations (B) Wrench costs (C) Total * (B × C) 261 665 $20 $13,290 * Totals may not sum due to rounding. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 48233 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Summary of Total Costs From All Provisions The total cost of this rule stems from three provisions: (1) Installation of a sensing device for vessels using sample extraction fire detection methods; (2) the NFPA 10 certification costs for owners and operators who wish to continue performing annual maintenance themselves; and (3) the spanner wrench carriage requirement. Table 10 summarizes the total costs for these provisions and Table 11 presents the average total discounted and annualized costs by inspection subchapter (7 percent discount rate). Over the 10-year period of analysis, we estimate total discounted costs of these provisions to be approximately $1.1 million and the annualized (rounded) cost at $156,600 using a discount rate of 7 percent. TABLE 10—ESTIMATE FOR TOTAL COSTS Undiscounted costs Year NFPA 10 Certification and recordkeeping Sample extraction Discounted costs Spanner wrenches Undiscounted total costs Total costs (7 percent) Total costs (3 percent) 1 ......................................................... 2 ......................................................... 3 ......................................................... 4 ......................................................... 5 ......................................................... 6 ......................................................... 7 ......................................................... 8 ......................................................... 9 ......................................................... 10 ....................................................... $0 0 1,243 1,243 1,243 $365,873 121,958 121,958 121,958 121,958 121,958 121,958 121,958 121,958 121,958 $13,290 $379,163 121,958 123,201 123,201 123,201 121,958 121,958 121,958 121,958 121,958 $354,358 106,523 100,569 93,989 87,840 81,266 75,949 70,981 66,337 61,997 $368,120 114,957 112,746 109,462 106,274 102,138 99,163 96,275 93,470 90,748 Totals * ........................................ 3,729 1,463,493 13,290 1,480,512 1,099,809 1,293,353 156,588 151,620 Annualized .................................. * Totals may not sum due to rounding. Total Costs by CFR Subchapter As this rule affects a range of commercial vessels regulated under a number of 46 CFR subchapters, we present a summary of those affected vessels organized by CFR subchapter designation in Table 11. This summary aggregates the per-vessel costs based on a vessel’s inspection subchapter designation. The summary in Table 11 presents the average 10-year and annualized costs, discounted at 7 percent. We also present the total number of affected vessels and the average annualized discounted cost per vessel (7 percent). Over the 10-year period of analysis, we estimate approximately 1,986 vessels will incur an average annualized cost of $79 per vessel. TABLE 11—AVERAGE DISCOUNTED TOTAL COSTS BY INSPECTION SUBCHAPTER [7 percent] Discounted total costs (7 percent) Annualized costs (7 percent) (A) Affected population (B) Annualized costs per vessel (A/B) CFR Subchapter designation Description C .................................... D .................................... H .................................... I ..................................... IA ................................... K .................................... L .................................... N .................................... R .................................... T .................................... U .................................... UNSPECIFIED .............. Uninspected Vessels ........................................... Tank Vessels ....................................................... Passenger Vessels >100 GT ............................... Cargo Vessels ...................................................... MODU .................................................................. Small Passenger Vessels .................................... Offshore Supply Vessels ..................................... Dangerous Cargoes (Dry Bulk) ........................... Nautical Schools .................................................. Small Passenger Vessels .................................... Oceanographic Research .................................... .............................................................................. $0 205,319 18,585 103,299 5,039 39,298 35,270 2,519 2,519 653,951 5,039 28,971 $0 29,233 2,646 14,708 717 5,595 5,022 359 359 93,108 717 4,125 n/a 326 29 163 8 90 56 4 4 1,252 8 46 n/a $90 91 90 90 49 90 90 90 75 90 90 Totals * ................... .............................................................................. 1,099,809 156,588 1,986 ** 79 ehiers on DSK5VPTVN1PROD with RULES2 * Totals may not sum due to rounding. ** Average across all vessels. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 48234 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations ehiers on DSK5VPTVN1PROD with RULES2 Benefits 1. Harmonization and Compliance with International and National Standards The benefits of the rule include harmonization and compliance with current international consensus standards, and harmonization with national industry consensus standards. For U.S. vessels to receive SOLAS certification, they must be constructed and maintained to international SOLAS standards in addition to Coast Guard regulations. Therefore, harmonizing our regulations with SOLAS requirements reduces the regulatory burden on vessel owners and operators. Further, for SOLAS vessels, compliance with SOLAS standards is necessary to prevent a vessel from being subject to potential detention by Port State Control officers. Port State Control officers can detain a ship in a foreign port and require that any deficiencies be rectified before the ship can depart. Delays of this type can be costly to the owners and operators of vessels. Additionally, permitting non-SOLAS vessels to use certain equipment and materials approved to international SOLAS standards instead of domestic standards will give these vessels more options during the design, installation and outfitting process of the vessel. For both SOLAS and non-SOLAS vessels, the harmonization with national industry consensus standards allows vessels to take advantage of modern technologies developed for shoreside use. The marine market for fire safety equipment is much smaller than that for the shoreside industry and, by incorporating the use of appropriate national industry consensus standards, this rule allows vessels a wider choice of equipment that still meets the standards required for vessel safety. This increase in availability and selection of products and services allows owners and operators to increase their purchasing power by improving the product and pricing options available through greater competition. Most of the harmonization provisions, whether international standards or modern industry consensus standards are not expected to impose any additional costs on industry because they will not require the immediate replacement of serviceable current equipment. Current equipment will be replaced only at the end of its serviceable life, in most cases. The cost VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 of replacement equipment that meets the new standards is expected to be the same or less costly than its current counterpart in the marine market. Additionally, these provisions provide additional economic efficiencies through the expansion of markets, particularly international markets. 2. NFPA 10 Certification Because of its relatively large size, the shoreside fire fighting industry drives innovations and the establishment of standards. NFPA 10 certification for individuals maintaining fire extinguishers is an established shoreside standard and practice helping to ensure that pressure vessels are properly handled and maintained. Similarly, NFPA 10 certification for mariners servicing fire extinguishers helps to ensure that those performing the maintenance have been trained to a uniform acceptable standard. These certifications help to preserve the margin of safety necessary when handling pressure vessels, such as portable fire extinguishers. Additionally, national industry consensus standards, incorporated by reference, help to ensure that maintenance is performed in a consistent manner. This allows vessel owners and operators to take advantage of improved methodologies and safe operating procedures as well as removing barriers for the maintenance industry to service the maritime sector, potentially expanding the market of service providers and reducing costs. 3. Ventilation of Potentially Toxic or Flammable Gases for Systems Using Sample Gas Extraction Sample gas extraction systems which route environmental samples from the cargo holds to the bridge so a watchstander can detect a problem by smell are considered by international consensus standards to be unacceptably dangerous. These potentially toxic or flammable gases may create hazardous conditions and may present unnecessary and avoidable risks to the watchstander. In recognition of this, the 1978 SOLAS protocol, which went into effect May 25, 1980, directed that the gases be vented to the exterior rather than to the bridge. The need for a reduction of human exposure to potentially hazardous environments is well recognized by OSHA as noted in their implementation of ventilation PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 standards, including exhaust ventilation systems (29 CFR 1910.94(a)(4)). These standards specify that potentially toxic gasses should be routed away from human-occupied spaces. Additionally, the installation of a detection system provides increased warning capabilities as both a visual and audible alarm are installed. As such, the detection system reduces detection time as the sensitivity to gases, which indicates potential problems, is much more sensitive and consistent than an individual crew member’s olfactory sense. Finally, the environmental conditions are improved as potentially toxic or flammable gases are no longer routed into humanoccupied spaces. 4. Spanner Wrench Carriage Requirement The requirement for spanner wrenches ensures that the safety equipment installed onboard vessels is available for use. These requirements ensure that a 11⁄2 inch hose can be used in the case of an emergency. Additionally, requiring the placement of the wrench near the hose installation may reduce response time as the necessary tool is readily available. B. Small Entities Under the Regulatory Flexibility Act, 5 U.S.C. 601–612, we have considered whether this rule will have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. In order to determine whether this rule will have a significant impact on a substantial number of small entities, we assume the maximum potential impact any single vessel and entity will incur when estimating costs. Table 12 illustrates this possibility should a single entity choose to implement these requirements on the same vessel during the first year. We anticipate that the estimated average annualized discounted cost (7 percent) per vessel to be $79. Table 11 (above) discusses the distribution of costs by CFR subchapter and we note that the annualized discounted costs (7 percent) range from approximately $49 to $90. E:\FR\FM\22JYR2.SGM 22JYR2 48235 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 12—ESTIMATED MAXIMUM UNDISCOUNTED FIRST YEAR COSTS CFR subchapter designation Description C ...................... D ...................... H ...................... I ....................... IA ..................... K ...................... L ...................... N ...................... R ...................... T ...................... U ...................... UNSPECIFIED Sample extraction costs Uninspected Vessels .. Tank Vessels .............. Passenger Vessels > 100 GT. Cargo Vessels ............ MODU ......................... Small Passenger Vessels. Offshore Supply Vessels. Dangerous Cargoes (Dry Bulk). Nautical Schools ......... Small Passenger Vessels. Oceanographic Research. ..................................... NFPA 10 costs Totals (undiscounted) Spanner wrench costs Total costs Vessel count Cost per vessel ........................ ........................ $1,243 $0 69,265 5,949 ........................ ........................ ........................ $0 69,265 7,192 n/a 326 28 n/a $212 257 2,486 ........................ ........................ 34,208 1,700 9,774 ........................ ........................ $2,240 36,694 1,700 12,014 161 8 46 228 212 261 ........................ 11,898 ........................ 11,898 56 212 ........................ 850 ........................ 850 4 212 ........................ ........................ 850 219,906 ........................ 11,050 850 230,956 4 1,035 212 223 ........................ 1,700 ........................ 1,700 8 212 ........................ 9,774 ........................ 9,774 46 212 We next calculate the expected impact on small entities using a 1 percent revenue impact as a threshold level. In order for a small entity to incur this threshold value, their average annual revenue must be less than the 1 percent revenue listed in table 13 below. Using information from several industry sources which contain revenue and employee size information (such as Manta, Cortera, and ReferenceUSA), the Coast Guard has developed a database of entities in the maritime industry which includes the vessels they own. Table 13 presents the distribution of these entities which is broken down by the vessel inspection subchapter designation, the estimated number of small entities, and the estimated count of small entities with revenue under the threshold value based on the cost impact presented in Table 12. TABLE 13—ESTIMATED DISTRIBUTION OF SMALL ENTITIES BY INSPECTION SUBCHAPTER CFR Subchapter designation Number of small entities C ............................................... D ............................................... H ............................................... I ................................................ IA .............................................. K ............................................... L ............................................... N ............................................... R ............................................... T ............................................... U ............................................... UNSPECIFIED ......................... BLANK * ................................... Totals ** ............................. Average revenue 1,094 146 45 142 16 48 18 3 6 1,015 8 347 24 2,912 $1,380,864,403 21,494,060,774 100,290,000 86,252,652 242,016,333 5,915,538 4,532,613 27,075,000 849,996 12,532,100 27,500,000 46,920,905 58,153,333 Maximum revenue $187,437,000,000 187,437,000,000 500,000,000 1,070,988,000 1,767,445,000 50,000,000 20,000,000 100,000,000 1,549,979 1,000,000,000 50,000,000 1,390,835,000 741,370,000 Minimum revenue $15,000 62,000 500,000 70,000 390,000 110,000 150,000 500,000 200,000 9,000 5,000,000 2,000 140,000 Revenue for a 1 percent impact n/a 21,247 25,686 22,791 21,247 26,118 21,247 21,247 21,247 22,315 21,247 21,247 n/a Count of entities under the threshold n/a 0 0 0 0 0 0 0 0 4 0 5 n/a ehiers on DSK5VPTVN1PROD with RULES2 * Vessels with ‘BLANK’ inspection subchapters are treated as ‘Uninspected.’ ** Totals may not sum due to rounding. We classify small entities using the North American Industry Classification System (NAICS) codes for those entities that had revenue and size data. The 2,912 small entities with data are represented by 262 different NAICS codes or categories. We used the Small VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Business Administration size standards for each NAICS code to determine if a business was small. We found that the top 10 NAICS categories represent about 41 percent, or 1,191 of the 2,912 small entities that we analyzed. The remaining 59 percent, or 1,721 small PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 entities, are represented by 252 different NAICS categories. The top 10 NAICS categories as described by the United States Census Bureau and their approximate revenues are presented in Table 14. E:\FR\FM\22JYR2.SGM 22JYR2 48236 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 14—TOP 10 NAICS CODES AND THEIR MINIMUM, MAXIMUM, AND AVERAGE REVENUE NAICS 487210 488330 713990 238910 713930 488390 561990 441222 336611 813410 ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ Description Scenic and Sightseeing Transportation, Water ............. Navigational Services to Shipping ................................. All Other Amusement and Recreation Industries .......... Site Preparation Contractors .......................................... Marinas ........................................................................... Other Support Activities for Water Transportation ......... All Other Support Services ............................................. Boat Dealers ................................................................... Ship Building and Repairing ........................................... Civic and Social Organizations ...................................... The Coast Guard assumes that entities will choose to minimize revenue impacts for any given year; therefore, we estimate the revenue impact will more closely resemble the discussion presented in Table 11. However, based on the analysis presented in Tables 12 and 13, at most 9 out of 1,362 (1,015 + 347) entities may experience annual costs exceeding the 1 percent threshold. As a result, the Coast Guard assumes this rule will not significantly impact revenues on a substantial number of small entities (i.e., annual costs are expected to be less than one percent of annual revenues), and therefore, does not represent a significant economic impact on affected small entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. ehiers on DSK5VPTVN1PROD with RULES2 C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, we offered to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). VerDate Sep<11>2014 15:24 Jul 21, 2016 Average revenue Jkt 238001 $1,944,343 8,345,361 1,102,422 32,709,859 4,630,929 18,174,058 1,102,015 10,158,095 46,894,870 2,517,346 D. Collection of Information This final rule calls for a collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3520. As defined in 5 CFR 1310.3 (c), ‘‘collection of information’’ comprises reporting, recordkeeping, monitoring, posting, labeling, and other, similar actions. The Title and description of the information collection, a description of those who must collect the information, and an estimate of the total annual burden follow. The estimate covers the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection. This rule will modify an existing collection as discussed below. Title: Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear Records, and Shipping Papers. OMB Control Number: 1625–0037. Summary of Collection of Information: These requirements provide the marine inspector with information regarding the condition of a vessel and its equipment, a list of the type and amount of cargo that has been or is being carried on a vessel, plus information about the owner of the vessel. Each of these requirements relate to the promotion of safety of life at sea and protection of the marine environment. Need for Information: The certification requirement will provide proof that the crewmember assigned to perform the annual fire extinguisher maintenance for rechargeable fire extinguishers onboard a vessel is trained and certified in accordance with NFPA 10 industry standards. Vessel owners and operators must have crew members’ certificates available when asked by an inspector to verify crew member training. Use of Information: The certificate verifies that crewmembers performing annual maintenance on rechargeable fire extinguishers are current on NFPA 10 training and standards. PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 Minimum revenue $50,000 44,000 36,000 300,000 78,000 30,000 46,000 130,000 99,000 80,000 Maximum revenue $50,000,000 500,000,000 69,921,582 1,767,445,000 50,000,000 1,390,835,000 50,000,000 80,000,000 500,000,000 6,308,457 Description of the Respondent: We anticipate that a small number of the affected population (1,722 vessel owner/ operators) will perform their own annual maintenance on rechargeable fire extinguishers. Vessel owners and operators do have the option of hiring servicing companies to perform the annual maintenance instead of performing the task themselves. However, if a vessel owner or operator elects to perform the annual maintenance on rechargeable fire extinguishers themselves, the crewmember selected for the duty must be trained and certified in NFPA 10 industry standards. We assume the vessel Master will maintain the certificate on file. Number of Responents: We estimate that a Master for each of 1,722 vessels will be affected by this rule. See Table 6 for an estimated detailed description of the number of vessels affected by this requirement. Frequency of the Response: We anticipate that all 1,722 vessels will have a crewmember trained and certified in accordance with NFPA 10 industry standards to perform annual maintenance on rechargeable fire extinguishers. We estimate that in the first year all vessels in the affected population will require certification. After the first year, we estimate that 1⁄3 of the affected population, or 574 crewmembers, will require new certification or re-certification. See footnote 8 above for an explanation of the assumption used in the certification for years 2 and 3. We estimate the three year average number of respondents to be 957 ((1,722 + 574 + 574)/3). Burden of Response: We estimate an additional burden imposed by this rule to be 4 minutes on a per-vessel basis. The amount of annual recordkeeping required is anticipated to be less than two minutes for filing the certificate, and another two minutes for producing the certificate during periodic inspections. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Estimate of Total Annual Burden: We estimate the total annual burden for the affected population in the initial year of this rule to be 114.8 hours ((4 min × 1,722 total affected population)/60 minutes). After the initial year, we anticipate that 1⁄3 of the affected population, 574 vessel Masters,10 will be burdened with this new requirement each year. We estimate the annual burden, after the initial year, to be 38.3 hours ((4 min × 574)/60 minutes). The annual cost of this burden in the initial year is estimated to be $5,970 (114.8 hours × $52 Vessel Masters), and after the initial year to be $1,990 (38.3 hours × $52 Vessel Masters). The per-vessel burden cost is estimated to be $3.47 ($1,990/574) (note that the per-vessel cost burden in the initial year will be equal to the burden in the subsequent years). As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 (d)), we have submitted a copy of this rule to OMB for its review of the collection of information. You are not required to respond to a collection of information unless it displays a currently valid OMB control number. OMB has not yet completed its review of this collection. Therefore, we are not making 33 CFR 145.01 and 149.408; 46 CFR 25.30–10; 31.01–2; 31.10–18; 71.25–20; 91.25–7; 91.25–20; 107.235; 169.247; 176.810; 188.01–5; and 189.25–20 effective until OMB completes action on our information collection request, at which time we will publish a Federal Register notice describing OMB’s action and, if OMB grants approval, notifying you when 33 CFR 145.01 and 149.408; 46 CFR 25.30– 10; 31.01–2; 31.10–18; 71.25–20; 91.25– 7; 91.25–20; 107.235; 169.247; 176.810; 188.01–5; and 189.25–20 take effect. ehiers on DSK5VPTVN1PROD with RULES2 E. Federalism A rule has implications for federalism under E.O. 13132 (‘‘Federalism’’) if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental principles and preemption requirements described in E.O. 13132. Our analysis is explained in the following paragraphs. It is well settled that States may not regulate in categories reserved for 10 As discussed above in section VII. Regulatory Analysis, we assume a vessel master will be responsible for filing and producing the certificate upon request. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 regulation by the Coast Guard, including categories for inspected vessels. It is also well-settled, now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, are within the field foreclosed from regulation by the States. (See the decision of the Supreme Court in the consolidated cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000)). This rule regulates fire prevention, protection, detection, extinguishing equipment, and materials on inspected vessels, and therefore the States may not regulate within this category of fire prevention equipment. Therefore, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. Additionally, towing vessels are now subject to inspection under 46 U.S.C. 3301 and 3306. As mentioned above, it is well-settled that states may not regulate within categories covered in 46 U.S.C. 3306 for inspected vessels. Since this rule creates comprehensive regulations for fire prevention, protection, detection, extinguishing equipment, and materials on towing vessels, states may not regulate within this category of fire prevention equipment. Therefore, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. Congress also granted to the Coast Guard, through delegation by the Secretary, the authority to promulgate regulations with respect to fire fighting equipment on uninspected vessels. 46 U.S.C. 4102(a) requires that ‘‘[e]ach uninspected vessel propelled by machinery shall be provided with the number, type, and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid fuel, that may be prescribed by regulation.’’ This rule regulates, among other things, fire extinguishing equipment on uninspected vessels, and therefore the States may not regulate within this category. Therefore, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. Additionally, with regard to regulations promulgated under 46 U.S.C. 4302 concerning recreational vessels, under 46 U.S.C. 4306, those Federal regulations that establish PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 48237 minimum safety standards for recreational vessels and their associated equipment, as well as regulations that establish procedures and tests required to measure conformance with those standards, preempt State law, unless the State law is identical to a Federal regulation or a State has specifically provided an exemption to those regulations, or permitted to regulate marine safety articles carried or used to address a hazardous condition or circumstance unique to that State. This rule establishes minimum requirements for fire extinguishing equipment for recreational vessels, and therefore the States may not issue regulations that differ from Coast Guard regulations within these fire equipment categories for recreational vessels. Therefore, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. Congress also granted the authority, through delegation by the Secretary, to promulgate regulations for uninspected commercial fishing vessels, which requires these vessels to ‘‘be equipped with readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire.’’ 46 U.S.C. 4502(a)(1). Also, Congress permitted the Secretary to establish minimum safety standards for certain uninspected commercial fishing vessels, including standards for ‘‘fire protection and fire fighting equipment, including fire alarms and portable and semi-portable fire extinguishing equipment.’’ 46 U.S.C. 4502(c)(2)(C). As this rule regulates fire prevention, protection, detection, extinguishing equipment, and materials on uninspected commercial fishing vessels, the States may not regulate within this category of equipment, therefore, this rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. Additionally, Congress specifically granted the authority to regulate artificial islands, installations, and other devices permanently or temporarily attached to the OCS and in the waters adjacent thereto as it relates to the safety of life to the Secretary of the Department in which the Coast Guard is operating. 43 U.S.C. 1333(d)(1) states that the Secretary ‘‘shall have the authority to promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the artificial islands, installations, and other devices . . . as he may deem necessary.’’ As this rule E:\FR\FM\22JYR2.SGM 22JYR2 ehiers on DSK5VPTVN1PROD with RULES2 48238 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations regulates fire prevention, protection, detection, extinguishing equipment, and materials to ensure safety of life on these OCS installations, it falls within the scope of authority Congress has granted exclusively to the Secretary. This authority has been delegated to the Coast Guard and is exercised in this rulemaking, and the States may not regulate within this category of safety equipment. Therefore, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. Finally, Congress granted the authority to regulate deepwater ports to the Secretary of Transportation. 33 U.S.C. 1509(b) states that the Secretary of Transportation ‘‘shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto.’’ When the Coast Guard was an agency within the Department of Transportation, the authority to issue regulations with respect to safety on deepwater ports was delegated to the Coast Guard. See 49 CFR 1.46(s). The Homeland Security Act of 2002, Public Law 107–296, transferred the Coast Guard to the Department of Homeland Security. Pursuant to the Homeland Security Act, authorities that were delegated to the Coast Guard remained intact during this transfer by operation of law. The authority was then delegated to the Commandant of the Coast Guard through Department of Homeland Security Delegation 0170.1. Since this rule regulates fire prevention, protection, detection, extinguishing equipment and materials to ensure safety on deepwater ports, it falls within the scope of authority that has been transferred, delegated to, and exercised by the Coast Guard. The States may not regulate within this category of safety equipment. Therefore, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with implications and preemptive effect, E.O. 13132 specifically directs agencies to consult with State and local governments during the rulemaking process. The Coast Guard invited State and local governments and their VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 representative national organizations to indicate their desire for participation and consultation in this rulemaking process by submitting comments to the NPRM. In accordance with Executive Order 13132, Federalism, the Coast Guard provides this federalism impact statement: (1) There were no comments submitted by State or local governments to the Notice of Proposed Rulemaking published in the Federal Register on January 13, 2014 (79 FR 2254). (2) There were no concerns expressed by State or local governments. (3) As no concerns were expressed or comments received from State or local governments, there is no statement required to document the extent to which any concerns were met. F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531–1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under E.O. 12630 (‘‘Governmental Actions and Interference with Constitutionally Protected Property Rights’’). H. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988 (‘‘Civil Justice Reform’’), to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under E.O. 13045 (‘‘Protection of Children from Environmental Health Risks and Safety Risks’’). This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This rule does not have tribal implications under E.O. 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’), because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this final rule under E.O. 13211 (‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’). We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under E. O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. L. Technical Standards and 1 CFR Part 51 The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule incorporates by reference the following new voluntary consensus standards, which are listed and summarized below: • ANSI/FM 3260 Approvals, American National Standard for Radiant Energy-Sensing Fire Detectors for Automatic Fire Alarm Signaling, February 2004. This standard sets performance requirements for radiant energy sensing fire detectors used for automatic fire alarm signaling. • ASTM F1546/F1546 M—96 (Reapproved 2012), Standard Specification for Fire Hose Nozzles, approved May 1, 2012. This specification covers the material and performance requirements for adjustable-pattern water spray nozzles intended for general and marine fire fighting use. • CGA C–6–2007, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Tenth Edition. This standard covers visual inspections required to ensure that compressed gas E:\FR\FM\22JYR2.SGM 22JYR2 ehiers on DSK5VPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations cylinders, including those used on ships for gaseous fire suppression systems, are in a safe working condition. • FSS Code, International Code for Fire Safety Systems, Second Edition, 2007 Edition (Resolution MSC.98(73)). This code provides standards for design, installation, and performance of marine fire safety systems including fire detection, alarm, and extinguishing systems. • 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition. This code sets forth fire test procedures for testing, evaluating and approving products used as the materials of construction of vessels. • IEC 60092–504:2001(E), Electrical Installations in Ships—Part 504: Special Features—Control and Instrumentation, Third edition, March 2001. This standard is intended to ensure safety in the design, selection, installation, maintenance and use of electrical equipment for the generation, storage, distribution and utilization of electrical energy for all purposes in seagoing ships. • IMO Resolution A.653(16), Recommendation on Improved Fire Test Procedures for Surface Flammability of Bulkhead, Ceiling and Deck Finish Materials, adopted on 19 October 1989. This resolution specifies a procedure for measuring fire characteristics of bulkhead, ceiling and deck finish materials for characterizing their flammability and resultant suitability for shipboard use. • IMO Resolution A.753(18), Guidelines for the Application of Plastic Pipes on Ships, adopted on 4 November 1993. This resolution sets forth material design properties, performance criteria, and test methods for plastic pipe used in vessels. • IMO Resolution A.754(18), Recommendation on Fire Resistance Tests for ‘‘A’’, ‘‘B’’ and ‘‘F’’ Class Divisions, adopted 4 November 1993. This resolution sets forth the fire test procedures for determining the acceptability of products for use as parts of fire resistive decks, bulkheads, etc. in vessels. • IMO Resolution A.1021(26), Code on Alerts and Indicators, 2009, adopted on 2 December 2009. This code provides general design guidance for shipboard alarms and indicators including information on type, location and priority of alarms and components. • IMO Resolution MSC.313(88), Amendments to the Guidelines for the Application of Plastic Pipes on Ships, adopted 26 November 2010. This resolution sets forth material design properties, performance criteria, and VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 test methods for plastic pipe used in vessels. • International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum. This convention sets forth uniform principles and rules for the promotion of maritime safety, including passive and active elements of ship construction and equipment for fire protection, detection, and extinction. • ISO/IEC 17025:2005(E), International Standard: General requirements for the competence of testing and calibration laboratories, Second edition, 15 May 2005. This standard sets forth management and technical requirements for the accreditation of testing and calibration laboratories. • NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems, 2009 Edition, effective July 18, 2008. This standard provides guidance in purchasing, designing, installing, testing, inspecting, approving, listing, operating, maintaining, decommissioning and removing halogenated agents extinguishing systems such as the legacy Halon 1301 systems used on some ships. • NFPA 1964, Standard for Spray Nozzles, 2008 Edition, effective December 31, 2007. This standard covers the material and performance requirements for adjustable-pattern water spray nozzles intended for general and marine fire fighting use. • UL 8, Standard for Safety for Water Based Agent Fire Extinguishers, Sixth Edition, dated February 28, 2005, as amended through July 27, 2010. This standard covers the construction, performance and testing, exclusive of performance during fire tests, of portable foam-type fire extinguishers. • UL 154, Standard for Safety for Carbon-Dioxide Fire Extinguishers, Ninth Edition, dated February 28, 2005, as amended through November 8, 2010. This standard covers the construction, performance and testing, exclusive of performance during fire tests, of 0portable carbon-dioxide fire extinguishers. • UL 162, Standard for Safety for Foam Equipment and Liquid Concentrates, Seventh Edition, dated March 30, 1994, as amended through October 10, 2014. This standard sets forth requirements and tests for the approval of fire fighting foam equipment and liquid concentrates. • UL 299, Standard for Safety for Dry Chemical Fire Extinguishers, Eleventh Edition, dated April 13, 2012. This standard covers the construction, performance and testing, exclusive of PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 48239 performance during fire tests, of portable dry chemical fire extinguishers. • UL 464, Standard for Safety for Audible Signaling Appliances, Ninth Edition, dated April 14, 2009, as amended through April 16, 2012. This standard covers the construction, performance and testing of electrically and electronically operated bells, buzzers, horns, and similar audible signal appliances for fire protective signaling systems. • UL 626, Standard for Safety for Water Fire Extinguishers, Eighth Edition, dated February 28, 2005, as amended through November 8, 2010. This standard covers the construction, performance and testing, exclusive of performance during fire tests, of portable water fire extinguishers. • UL 711, Standard for Safety for Rating and Fire Testing of Fire Extinguishers, Seventh Edition, dated December 17, 2004, as amended through April 28, 2009. This standard covers rating, and performance during fire tests, of fire extinguishers intended for use on various classes of fires. • UL 1480, Standard for Safety for Speakers for Fire Alarm, Emergency, and Commercial and Professional Use, Fifth Edition, dated January 31, 2003, as amended through June 23, 2010. This standard covers the construction and performance of speakers for use in, among other things, fire alarm systems. • UL 1971, Standard for Safety for Signaling Devices for the Hearing Impaired, Third Edition, approved November 29, 2002, as amended through October 15, 2008. This standard covers the construction and performance of emergency signaling devices for the hearing impaired. • UL 2129, Standard for Safety for Halocarbon Clean Agent Fire Extinguishers, Second Edition, dated February 28, 2005, as amended through March 30, 2012. This standard covers the construction, performance and testing, exclusive of performance during fire tests, of portable halocarbon agent fire extinguishers. This final rule also incorporates by reference the following updated voluntary consensus standards: • NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009. This standard applies to the selection, installation, inspection, maintenance, recharging, and testing of portable fire extinguishers. • NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009. This standard provides requirements for the design and installation of automatic fire sprinkler systems. E:\FR\FM\22JYR2.SGM 22JYR2 ehiers on DSK5VPTVN1PROD with RULES2 48240 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations • NFPA 70, National Electronic Code, 2011 Edition. This standard addresses the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways in commercial, residential, and industrial occupancies. • NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition, effective August 26, 2009. This standard covers the application, installation, location, performance, inspection, testing, and maintenance of fire alarm systems and their components. • UL 19, Standard for Safety for Lined Fire Hose and Hose Assemblies, Twelfth Edition, approved November 30, 2001. This standard covers the construction, performance, and testing of firehoses. • UL 38, Standard for Safety for Manual Signaling Boxes for Fire Alarm Systems, Eighth Edition, dated July 3, 2008, as amended through December 11, 2008. This standard covers the construction, performance, and testing of manual signaling boxes used in fire alarm systems. • UL 268, Standard for Safety for Smoke Detectors for Fire Alarm Systems, Sixth Edition, dated August 14, 2009. This standard covers the construction, performance, and testing of smoke detectors used in fire alarm and suppression systems. • UL 521, Standard for Safety for Heat Detectors for Fire Protective Signaling Systems, Seventh Edition, dated February 19, 1999, as amended through October 3, 2002. This standard covers the construction, performance, and testing of heat detectors used in fire alarm and suppression systems. • UL 864, Standard for Safety for Control Units and Accessories for Fire Alarm Systems, Ninth Edition, dated September 30, 2003, as amended through January 12, 2011. This standard covers the construction, performance, and testing of control units used in fire alarm systems. Consistent with 1 CFR part 51 incorporation by reference provisions, this material is reasonably available. Interested persons have access to it through their normal course of business, may purchase it from organizations identified in 33 CFR 140.7 and 149.3, and 46 CFR 25.01–3, 31.01–2, 32.01–1, 34.01–15, 56.01–2, 71.25–3, 76.01–2, 91.25–7, 92.01–2, 95.01–2, 108.101, 114.600, 125.180, 147.7, 159.001–4, 161.002–1, 162.027–2, 162.028–1, 162.039–1, 162.163–2, 164.105–2, 164.106–2, 164.107–2, 164.108–2, 164.109–2, 164.110–2, 164.111–2, 164.112–2, 164.117–2, 164.136–2, 164.137–2, 164.138–2, 164.139–2, VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 164.141–2, 164.142–2, 164.144–2, 164.146–2, 164.201–2, 164.207–2, 169.115, 175.600, 188.01–5, and 193.01– 3, or may view a copy by the means we have identified in those sections. M. Coast Guard Authorization Act Section 608 of the Coast Guard Authorization Act of 2010 (Pub. L. 111– 281) adds new section 2118 to 46 U.S.C. Subtitle II (Vessels and Seamen), Chapter 21 (General). New section 2118(a) sets forth requirements for standards established for approved equipment required on vessels subject to 46 U.S.C. Subtitle II (Vessels and Seamen), Part B (Inspection and Regulation of Vessels). Those standards must be ‘‘(1) based on performance using the best available technology that is economically achievable; and (2) operationally practical.’’ See 46 U.S.C. 2118(a). This rule revises the standards for fire prevention, protection, detection, extinguishing equipment, and materials regulations on vessels subject to 46 U.S.C. Subtitle II, Part B, and the Coast Guard has ensured this rule satisfies the requirements of 46 U.S.C. 2118(a), by employing the most recent industry consensus standards, as necessary and appropriate. N. Environment We have analyzed this final rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD (National Environmental Policy Act Implementing Procedures and Policy For Considering Environmental Impacts Manual), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969, 42 U.S.C. 4321–4370f, and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves design and approval standards for fire protection, detection, extinguishing equipment, and materials and falls under section 2.B.2, figure 2–1, paragraphs (34)(a), (d), and (e) of the Instruction, and under Section 6(a) of the ‘‘Appendix to National Environmental Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final Agency Policy’’ as published in the Federal Register, 67 FR 48243, July 23, 2002. These paragraphs exempt regulations which are editorial or procedural, concern the inspection and equipping of vessels, involve equipment approval and carriage requirements, and vessel operation safety standards. An environmental analysis checklist and a categorical PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects 33 CFR Part 140 Continental shelf, Incorporation by reference, Investigations, Marine safety, Occupational safety and health, Penalties, Reporting and recordkeeping requirements. 33 CFR Part 145 Continental shelf, Fire prevention, Incorporation by reference, Marine safety, Occupational safety and health. 33 CFR Part 148 Administrative practice and procedure, Environmental protection, Harbors, Petroleum. 33 CFR Part 149 Fire prevention, Harbors, Incorporation by reference, Marine safety, Navigation (water), Occupational safety and health, Oil pollution. 46 CFR Part 25 Fire prevention, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 27 Fire prevention, Marine safety, Reporting and recordkeeping requirements, Vessels. 46 CFR Part 28 Alaska, Fire prevention, Fishing vessels, Marine safety, Occupational safety and health, Reporting and recordkeeping requirements, Seamen. 46 CFR Part 30 Cargo vessels, Foreign relations, Hazardous materials transportation, Penalties, Reporting and recordkeeping requirements, Seamen. 46 CFR Part 31 Cargo vessels, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 32 Cargo vessels, Fire prevention, Incorporation by reference, Marine safety, Navigation (water), Occupational safety and health, Reporting and recordkeeping requirements, Seamen. 46 CFR Part 34 Cargo vessels, Fire prevention, Incorporation by reference, Marine safety. 46 CFR Part 50 Reporting and recordkeeping requirements, Vessels. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 46 CFR Part 56 Reporting and recordkeeping requirements, Incorporation by reference, Vessels. 46 CFR Part 115 Fire prevention, Incorporation by reference, Marine safety, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 70 Marine safety, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 71 Marine safety, Incorporation by reference, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 72 Fire prevention, Incorporation by reference, Marine safety, Occupational safety and health, Passenger vessels, Seamen. 46 CFR Part 76 Fire prevention, Incorporation by reference, Marine safety, Passenger vessels. 46 CFR Part 78 Marine safety, Navigation (water), Passenger vessels, Penalties, Reporting and recordkeeping requirements. 46 CFR Part 90 Cargo vessels, Marine safety. 46 CFR Part 118 Fire prevention, Incorporation by reference, Marine safety, Passenger vessels. 46 CFR Part 122 Marine safety, Passenger vessels, Penalties, Reporting and recordkeeping requirements. 46 CFR Part 125 Administrative practice and procedure, Cargo vessels, Hazardous materials transportation, Incorporation by reference, Marine safety, Seamen. 46 CFR Part 132 Cargo vessels, Fire prevention, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 92 Cargo vessels, Fire prevention, Incorporation by reference, Marine safety, Occupational safety and health, Seamen. 46 CFR Part 95 Cargo vessels, Fire prevention, Incorporation by reference, Marine safety. 46 CFR Part 107 Incorporation by reference, Marine safety, Oil and gas exploration, Reporting and recordkeeping requirements, Vessels. Marine safety, Incorporation by reference, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 176 Fire prevention, Incorporation by reference, Marine safety, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 177 Marine safety, Incorporation by reference, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 181 Fire prevention, Incorporation by reference, Marine safety, Passenger vessels. 46 CFR Part 182 Marine safety, Passenger vessels. 46 CFR Part 159 Business and industry, Incorporation by reference, Laboratories, Marine safety, Reporting and recordkeeping requirements. Marine safety, Incorporation by reference, Oceanographic research vessels. Marine safety, Incorporation by reference, Oceanographic research vessels, Reporting and recordkeeping requirements. 46 CFR Part 162 Fire prevention, Incorporation by reference, Marine safety, Oil pollution, Reporting and recordkeeping requirements. 46 CFR Part 164 Fire prevention, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 114 Marine safety, Incorporation by reference, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 167 Fire prevention, Marine safety, Reporting and recordkeeping requirements, Schools, Seamen, Vessels. Jkt 238001 46 CFR Part 175 46 CFR Part 185 46 CFR Part 113 Communications equipment, Fire prevention, Vessels. 15:24 Jul 21, 2016 Fire prevention, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements, Schools, Vessels. 46 CFR Part 147 Hazardous materials transportation, Incorporation by reference, Labeling, Marine safety, Packaging and containers, Reporting and recordkeeping requirements. 46 CFR Part 161 Fire prevention, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 108 Fire prevention, Incorporation by reference, Marine safety, Occupational safety and health, Oil and gas exploration, Vessels. VerDate Sep<11>2014 46 CFR Part 169 46 CFR Part 160 Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 91 Cargo vessels, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. ehiers on DSK5VPTVN1PROD with RULES2 46 CFR Part 116 Fire prevention, Incorporation by reference, Marine safety, Passenger vessels, Seamen. 48241 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 Marine safety, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Part 188 46 CFR Part 189 46 CFR Part 190 Fire prevention, Marine safety, Occupational safety and health, Oceanographic research vessels. 46 CFR Part 193 Fire prevention, Incorporation by reference, Marine safety, Oceanographic research vessels. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 140, 145, 148, and 149, and 46 CFR parts 25, 27, 28, 30, 31, 32, 34, 50, 56, 70, 71, 72, 76, 78, 90, 91, 92, 95, 107, 108, 113, 114, 115, 116, 118, 122, 125, 132, 147, 159, 160, 161, 162, 164, 167, 169, 175, 176, 177, 181, 182, 185, 188, 189, 190, and 193 as follows: E:\FR\FM\22JYR2.SGM 22JYR2 48242 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TITLE 33—NAVIGATION AND NAVIGABLE WATERS PART 140—GENERAL 1. The authority citation for part 140 continues to read as follows: ■ Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 140.3 by adding, at the end of the section, a sentence to read as follows: ■ § 140.3 Applicability. * * * The regulations in this subchapter (parts 140 through 147) have preemptive effect over state or local regulations in the same field. ■ 3. Revise § 140.7 to read as follows: § 140.7 Incorporation by reference. ehiers on DSK5VPTVN1PROD with RULES2 (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG–4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036, 212–642–4900, https://www.ansi.org. (1) ANSI A10.14–1975, Requirements for Safety Belts, Harnesses, Lanyards, Lifelines, and Drop Lines for Construction and Industrial Use, IBR approved for § 142.42(b). (2) ANSI/UL 1123–1987, Standard for Marine Buoyant Devices, IBR approved for § 143.405(a). (3) ANSI Z41–1983, American National Standard for Personal Protection-Protective Footwear, IBR approved for § 142.33(a) and (b). (4) ANSI Z87.1–1979, Practice for Occupational and Educational Eye and Face Protection, IBR approved for § 142.27(a) and (c). (5) ANSI Z88.2–1980, Practices for Respiratory Protection, IBR approved for § 142.39(a) through (c). (6) ANSI Z89.1–1981, Safety Requirements for Industrial Head Protection, IBR approved for § 142.30(a) and (b). (c) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) IMO Assembly Resolution A.414 (XI), Code for Construction and Equipment of Mobile Offshore Drilling Units, IBR approved for §§ 143.207(c) and 146.205(c). (2) [Reserved] (d) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 145.01(b). (2) [Reserved] 4. The authority citation for part 145 continues to read as follows: (1) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (2) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (3) Non-rechargeable or non-refillable fire extinguishers must be inspected and maintained in accordance with NFPA 10. However, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (4) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. Authority: Sec. 633, 63 Stat. 545; sec. 4, 67 Stat. 462; 14 U.S.C. 633; 43 U.S.C. 1333. § 145.05 PART 145—FIRE FIGHTING EQUIPMENT ■ [Removed and Reserved] 6. Remove and reserve § 145.05. 7. Amend § 145.10 as follows: a. Revise the section heading; b. In paragraphs (a) and (b), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ c. Add paragraphs (c) and (d); and ■ d. Revise table 145.10(a). The revisions and additions read as follows: 5. Revise § 145.01 to read as follows: ■ § 145.01 Portable and semi-portable fire extinguishers. ■ ■ ■ ■ (a) On all manned platforms and on all unmanned platforms where crews are continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guardapproved semi-portable fire extinguishers must be installed and maintained. On all unmanned platforms where crews are not continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guardapproved semi-portable fire extinguishers are required to be installed and maintained only when crews are working on them. (b) Portable and semi-portable fire extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 140.7 of this chapter) as amended here: § 145.10 Location, number, and installation of fire extinguishers. * * * * * (c) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so all of the space can be protected. (d) Table 145.10(a) of this section indicates the minimum number and size of fire extinguishers required for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. TABLE 145.10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS Minimum required rating Space Quantity and location Safety Areas: VerDate Sep<11>2014 19:37 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 48243 TABLE 145.10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS—Continued Minimum required rating Space Communicating corridors .................................................... 2–A ................... Radio room ......................................................................... Accommodations: Sleeping accommodations ................................................. 20–B:C ............. Service Spaces: Galleys ................................................................................ Storerooms ......................................................................... Machinery Spaces: Gas-fired boilers ................................................................. Oil-fired boilers ................................................................... Internal combustion or gas turbine engines ....................... Electric motors or generators of open type ........................ Quantity and location 1 in each main corridor not more than 150 ft apart. (May be located in stairways.) 1 in the vicinity of the exit. 2–A ................... 1 in each sleeping accommodation space outfitted for 4 or more persons. 40–B:C ............. 2–A ................... 1 for each 2,500 sq ft of floor space or fraction thereof. 1 for each 2,500 sq ft of floor space or fraction thereof. The extinguisher must be located in the vicinity of the exits, either inside or outside of spaces. 40–B ................. 160–B ............... 40–B ................. 160–B ............... 40–B ................. 40–B:C ............. 2 1 2 2 1 1 required. required.1 required. required.1 for each engine.2 for each 2 motors or generators.3 1 Not required where a fixed extinguishing system is installed. the installation is on the weather deck or open to the atmosphere at all times, then one 40–B extinguisher for every three engines is allowable. 3 Small electrical appliances, such as fans, are exempt. 2 When ■ 8. Add § 145.15 to read as follows: PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT § 145.15 Location and number of fire extinguishers required for vessels contracted for prior to August 22, 2016. (a) Vessels contracted for prior to August 22, 2016 must meet the following requirements: (1) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 145.10(a) of this part need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (2) All new equipment and installations must meet the applicable requirements in this part for new vessels. (b) [Reserved] PART 148—DEEPWATER PORTS: GENERAL 9. The authority citation for part 148 continues to read as follows: ■ Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75). 10. Amend § 148.1 by adding, at the end of the section, a sentence to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 ■ § 148.1 What is the purpose of this subchapter? * * * The regulations in this subchapter (parts 148 through 150) have preemptive effect over state or local regulations in the same field.’’ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 11. The authority citation for part 149 is revised to read as follows: ■ Authority: 33 U.S.C. 1504, 1509; Department of Homeland Security Delegation No. 0170.1 (75). ■ 12. Add § 149.3 to read as follows: § 149.3 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG– 4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593– 7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 149.408(a) through (d). (2) [Reserved] ■ 13. Amend § 149.403 as follows: ■ a. Revise the section heading; and ■ b. In paragraph (a), remove the word ‘‘supplemental’’ and add, in its place, the word ‘‘excess’’. The revised section heading reads as follows: § 149.403 How can I request to use alternate or excess fire fighting and fire prevention equipment or procedures? * * * * * 14. Revise § 149.404 to read as follows: ■ § 149.404 Can I use fire fighting equipment that is not Coast Guard approved? (a) A deepwater port may use fire fighting equipment that is not Coast Guard approved as excess equipment, pursuant to § 149.403 of this subpart, if the equipment does not endanger the port or the persons aboard it in any way. This equipment must be listed and labeled by a nationally recognized testing laboratory (NRTL), as set forth in 29 CFR 1910.7, and it must be maintained in good working condition. (b) Use of non-Coast Guard-approved fire detection systems may be acceptable as excess equipment provided that— (1) Components are listed by an NRTL as defined in 46 CFR 161.002–2, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; E:\FR\FM\22JYR2.SGM 22JYR2 48244 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), with specific regard to the hazardous location installation regulations in 46 CFR 111.105; (3) Coast Guard plan review is completed for wiring plans; and (4) The system and units remain functional as intended. To ensure this, marine inspectors may test and inspect the system. § 149.405 [Removed] 15. Remove § 149.405. 16. Revise § 149.408 to read as follows: ■ ■ § 149.408 What are the maintenance requirements for fire extinguishers? (a) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 149.3). (b) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (c) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (d) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (e) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. 17. Revise § 149.409 to read as follows: ■ § 149.409 How many fire extinguishers are needed and how should they be installed? (a) Approved portable and semiportable extinguishers must be installed in accordance with table 149.409 of this section. (b) Semi-portable extinguishers must be located in the open so as to be readily seen. (c) Semi-portable extinguishers must be fitted so that all portions of the space concerned may be covered. (d) Table 149.409 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. TABLE 149.409—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS, MINIMUM QUANTITY AND LOCATION Space Classification Minimum quantity and location (1) Safety Areas (i) Communicating corridors ............................................... 2–A ................... (ii) Radio room .................................................................... (2) Accommodation Spaces (i) Sleeping quarters ........................................................... (3) Service Spaces (i) Galleys ........................................................................... 20–B:C ............. One in each main corridor or stairway not more than 150 ft apart. One outside or near each radio room exit. 2–A ................... One in each sleeping space that fits more than four persons. 40–B:C ............. (ii) Storerooms .................................................................... 2–A ................... (iii) Paint room .................................................................... (4) Machinery Spaces (i) Gas-fired boilers ............................................................. 40–B ................. One for each 2,500 sq ft or fraction thereof, for hazards involved. One for each 2,500 sq ft or fraction thereof, located near each exit, either inside or outside the space. One outside each paint room exit. 40–B:C ............. 160–B ............... 40–B:C ............. 160–B ............... 40–B ................. 40–B:C ............. Two. One.1 Two. Two.1 One for each engine.2 One for each of two motors or generators.3 160–B ............... 160–B ............... One at each access route. One at each fuel transfer facility.4 (ii) Oil-fired boilers .............................................................. (iii) Internal combustion or gas turbine engines ................. (iv) Open electric motors and generators .......................... (5) Helicopter Areas (i) Helicopter landing decks ................................................ (ii) Helicopter fueling facility ............................................... 1 Not required if a fixed system is installed. the engine is installed on a weather deck or is open to the atmosphere at all times, one 40–B extinguisher may be used for every three engines. 3 Small electrical appliances, such as fans, are exempt. 4 Not required if a fixed foam system is installed in accordance with 46 CFR 108.489. ehiers on DSK5VPTVN1PROD with RULES2 2 If (e) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all areas of the space can be protected. 18. Revise § 149.410 to read as follows: ■ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 § 149.410 Location and number of fire extinguishers required for vessels constructed prior to August 22, 2016. Vessels contracted for prior to August 22, 2016 must meet the following requirements: (a) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 149.409 of this subpart need not be replaced and may be continued in service so long as PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TITLE 46—SHIPPING PART 25—REQUIREMENTS 19. The authority citation for part 25 continues to read as follows: ■ Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; Department of Homeland Security Delegation No. 0170.1(II)(77), (92)(a), 92(b). 20. Revise § 25.01–3 to read as follows: ■ ehiers on DSK5VPTVN1PROD with RULES2 § 25.01–3 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG– 4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593– 7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 10, Annapolis, MD 21403, 410–990–4460, https://www.abycinc.org. (1) Standard A–1–78, Marine LPGLiquefied Petroleum Gas Systems, December 15, 1978, IBR approved for § 25.45–2(b). (2) Standard A–22–78, Marine CNGCompressed Natural Gas Systems, December 15, 1978, IBR approved for § 25.45–2(b). (3) Standard A–16–97, Electric Navigation Lights, July 1997, IBR approved for § 25.10–3(a). (c) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 25.30–10(a) through (d). (2) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for § 25.30–15(c). (3) NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft, 1989, IBR approved for § 25.45–2(b). (d) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 15096, 724–776–4841, https://www.sae.org. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (1) SAE J–1928, Devices Providing Backfire Flame Control for Gasoline Engines in Marine Applications, June 1, 1989, IBR approved for § 25.35–1. (2) [Reserved] (e) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, Research Triangle Park, NC 27709, 919– 549–1400, https://www.ul.com. (1) UL 1111, Marine Carburetor Flame Arrestors, June 1988, IBR approved for § 25.35–1. (2) [Reserved] ■ 21. Revise § 25.30–1 to read as follows: § 25.30–1 Applicability. (a) The provisions of this subpart, with the exception of §§ 25.30–80 and 25.30–90 of this subpart, as applicable, apply to all vessels contracted for on or after August 22, 2016. (b) Vessels contracted for prior to August 22, 2016 and after November 19, 1952, must meet the requirements of 46 CFR 25.30–80. (c) Vessels contracted for prior to November 19, 1952, must meet the requirements of 46 CFR 25.30–90. ■ 22. Revise § 25.30–10 to read as follows: § 25.30–10 Portable fire extinguishers and semi-portable fire extinguishing systems. (a) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 25.01–3). (b) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (c) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (d) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (e) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 48245 be accepted as evidence that the necessary maintenance procedures have been conducted. (f) Vaporizing-liquid type fire extinguishers containing carbon tetrachloride, chlorobromomethane, or other toxic vaporizing liquids are not acceptable as equipment required by this subchapter. (g) Portable or semi-portable extinguishers, which are required on their name plates to be protected from freezing, must not be located where freezing temperatures may be expected. (h) The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers: (1) When the date on the inspection record tag on the extinguishers shows that 6 months have elapsed since the last weight check ashore, then such extinguishers are no longer accepted as meeting required maintenance conditions until they are reweighed ashore, found to be in a serviceable condition, and within required weight conditions. (2) If the weight of the container is 1⁄4 ounce less than that stamped on the container, it must be serviced. (3) If the outer seal or seals (which indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguishers to see that the frangible disc in the neck of the container is intact; and if such disc is not intact, the container must be serviced. (4) If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the extinguisher must be serviced or replaced. (i) Dry chemical extinguishers, stored pressure extinguishers, and fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, cannot be labeled with the marine type label described in 46 CFR 162.028–4. These extinguishers manufactured after January 1, 1965, may be carried onboard motorboats or other vessels as excess equipment. (j) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all portions of the space concerned may be covered. ■ 23. Revise § 25.30–15 to read as follows: E:\FR\FM\22JYR2.SGM 22JYR2 48246 ehiers on DSK5VPTVN1PROD with RULES2 § 25.30–15 systems. Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Fixed fire extinguishing (a) When a fixed fire extinguishing system is installed, it must be a type approved or accepted by the Commandant (CG–ENG–4) or the Commanding Officer, U.S. Coast Guard Marine Safety Center. (b) If the system is a carbon-dioxide type, then it must be designed and installed in accordance with subpart 76.15 of part 76 of subchapter H (Passenger Vessels) of this chapter. (c) If the system is an automatic sprinkler system then it must be designed and installed in accordance with Chapter 25 of NFPA 13 (incorporated by reference, see § 25.01–3). ■ 24. Amend § 25.30–20 as follows: ■ a. Remove the word ‘‘hand’’ wherever it appears. ■ b. In paragraph (a)(1), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; after the words ‘‘need not carry’’, remove the word ‘‘such’’; and after the words ‘‘fire extinguishers if the construction of’’, remove the words ‘‘such motorboats’’ and add, in their place, the words ‘‘the boats’’; ■ c. In table 25.30–20(a)(1), remove the text ‘‘B–1’’ and add, in its place, the text ‘‘5–B’’; ■ d. In footnote 1 of table 25.30– 20(a)(1), remove the text ‘‘B–11’’ and add, in its place, the text ‘‘20–B’’; and remove the text ‘‘B–I’’ and add, in its place, the text ‘‘5–B’’; ■ e. In footnote 3 of figure 25.30–20(a1), remove the word ‘‘Close’’ and add, in its place, the word ‘‘Closed’’. ■ f. Add paragraph (a)(3); ■ g. In paragraph (b), remove the word ‘‘hand-portable’’ and add, in its place, the word ‘‘portable’’. ■ h. In paragraph (c)(1), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ i. In Table 25.30–20(b)(1), remove the text ‘‘B–II’’ and add, in its place, the text ‘‘20–B’’; ■ j. In paragraph (c)(2) introductory text, remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and remove the words ‘‘fire-extinguishing’’ and add, in their place, the words ‘‘fire extinguishing’’; ■ k. In paragraph (c)(2)(i), remove the text ‘‘Type B–II’’ and add, in its place, the text ‘‘20–B’’; and remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ l. In paragraph (c)(2)(ii), remove the text ‘‘Type B–III semiportable’’ and add, in its place, the text ‘‘160–B semiportable’’; remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; and remove the VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 words ‘‘fire-extinguishing’’ wherever they appear and add, in their place the words ‘‘fire extinguishing’’; ■ m. In paragraph (c)(3), remove the text ‘‘Type B–III’’ and add, in its place, the text ‘‘160–B’’; ■ n. In paragraph (c)(4), remove the word ‘‘semiportable’’ and add, in its place, the word ‘‘semi-portable’’; and after the words ‘‘fire extinguisher has wheels’’, remove the words ‘‘and is not required by this section’’; ■ o. Add paragraph (c)(5); and ■ p. In paragraphs (d)(1) and (2), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’. The additions read as follows: § 25.30–20 required. Fire extinguishing equipment (a) * * * (3) Table 25.30–20(a)(1) of this section indicates the minimum quantity and type of extinguisher to be carried. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. * * * * * (c) * * * (5) Table 25.30–20(b)(1) of this section indicates the minimum quantity and type of extinguisher to be carried. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. * * * * * ■ 25. Add § 25.30–80 to read as follows: § 25.30–80 Location and number of fire extinguishers required for vessels constructed prior to August 22, 2016. Vessels contracted for prior to August 22, 2016 must meet the following requirements: (a) Previously installed extinguishers with extinguishing capacities smaller than what is required in tables 25.30– 20(a)(1) and 25.30–20(b)(1) of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. PART 27—TOWING VESSELS 26. The authority citation for part 27 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104–324, 110 Stat. 3901); Department of Homeland Security Delegation No. 0170.1. 27. Add § 27.103 to subpart A to read as follows: ■ PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 § 27.103 Preemption. The regulations in this part have preemptive effect over State or local regulations in the same field. ■ 28. Amend § 27.203 as follows: ■ a. Redesignate the introductory text and paragraphs (a),(b),and (c) as (a) introductory text and (a)(1) through (3), respectively; ■ b. Remove the word ‘‘fire-detection’’ wherever it appears and add, in its place, the words ‘‘fire detection’’; ■ c. In newly redesignated paragraph (a)(1), after the words ‘‘each detector must be listed by’’, remove the words ‘‘an independent testing laboratory’’ and add, in their place, the words ‘‘a nationally recognized testing laboratory (NRTL), as defined in 46 CFR 161.002– 2, for fire service’’; ■ d. Redesignate paragraph (d) introductory text as paragraph (a)(4) and redesignate paragraphs (d)(1) through (5) as (a)(4)(i) through (v), respectively; ■ e. Redesignate paragraphs (e) through (g) as paragraphs (a)(5) through (7), respectively; ■ f. In newly designated paragraph (a)(7), remove the words ‘‘Registered Professional Engineer’’ and add, in their place, the words ‘‘registered professional engineer’’; and remove the words ‘‘paragraphs (a) through (f)’’ and add, in their place, the words ‘‘paragraphs (a) introductory text and (a)(1) through (a)(6)’’; and ■ g. Add new paragraph (b) to read as follows: § 27.203 What are the requirements for fire detection on towing vessels? * * * * * (b) In spaces other than the engine room, non-approved fire detection systems may be acceptable as excess equipment provided that— (1) Components are listed by a nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and is designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; and (2) The system and units remain functional as intended. § 27.303 [Amended] 29. In § 27.303(b)(1), remove the text ‘‘B–V semi-portable fire-extinguishing system’’ and add, in its place, the text ‘‘160–B or 100 lb. CO2 extinguisher, regardless of rating,’’. ■ § 27.305 [Amended] 30. In § 27.305(a)(2), remove the text ‘‘B–V semi-portable fire-extinguishing system’’ and add, in its place, the text ‘‘160–B or 100 lb. CO2 extinguisher, regardless of rating,’’. ■ E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS 31. The authority citation for part 28 continues to read as follows: ■ Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603; Department of Homeland Security Delegation No. 0170.1. ■ 32. Revise § 28.155 to read as follows: § 28.155 Excess fire detection and protection equipment. (a) Use of non-approved fire detection systems may be acceptable as excess equipment provided that— (1) Components are listed and labeled by an independent, nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; and (2) The system and units remain functional as intended. (b) The regulations in this section have preemptive effect over State or local regulation within the same field. ■ 33. Amend § 28.160 as follows: ■ a. Add paragraphs (c), (d), and (e); and ■ b. Revise table 28.160 to read as follows: § 28.160 48247 Portable fire extinguishers. * * * * * (c) Semi-portable extinguishers must be located in the open so as to be readily seen. (d) Table 28.160 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. (e) The regulations in this section have preemptive effect over State or local regulation within the same field. TABLE 28.160—PORTABLE FIRE EXTINGUISHERS FOR VESSELS 65 FEET (19.8 METERS) OR MORE IN LENGTH Space Minimum required rating Safety areas, communicating corridors ..................................... 2–A ................... Pilothouse .................................................................................. Service spaces, galleys ............................................................. 20–B:C ............. 40–B:C ............. Paint lockers .............................................................................. Accessible baggage and storerooms ........................................ 40–B ................. 2–A ................... Workshops and similar spaces .................................................. Machinery spaces; Internal combustion propelling machinery .. 2–A ................... 40–B:C ............. Electric propulsion motors or generator unit of open type ........ Auxiliary spaces ......................................................................... Internal combustion machinery .................................................. Electric emergency motors or generators ................................. 40–B:C 40–B:C 40–B:C 40–B:C 34. Amend § 28.325 as follows: a. Revise the section heading; b. In paragraph (a), remove the words ‘‘, subpart 76.33’’; and ■ c. Add paragraph (c). The revision and addition read as follows: ■ ■ ■ § 28.325 Fire detection and alarm systems. ehiers on DSK5VPTVN1PROD with RULES2 * * * * * (c) The regulations in this section have preemptive effect over State or local regulation within the same field. ■ 35. Amend § 28.830 as follows: ■ a. Revise the section heading; ■ b. In paragraph (a), after the words ‘‘or a smoke actuated’’, remove the words ‘‘fire detecting’’ and add, in their place, the words ‘‘fire detection’’; and after the words ‘‘in accordance with’’, remove the text ‘‘§ 76.33 of this chapter’’ and add, in its place, the text ‘‘46 CFR part 76’’; and ■ c. Add paragraph (c). The revision and addition read as follows: § 28.830 * * Fire detection and alarm systems. * VerDate Sep<11>2014 * * 15:24 Jul 21, 2016 Jkt 238001 ............. ............. ............. ............. Quantity and location 1 in each main corridor not more than 150 ft (45.7m) apart. (May be located in stairways.) 2 in the vicinity of the exit. 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suitable for hazards involved. 1 outside space in the vicinity of the exit. 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. 1 outside the space in the vicinity of the exit. 1 for each 1,000 brake horsepower or fraction thereof but not fewer than 2 or more than 6. 1 for each propulsion motor generator unit. 1 outside the space in the vicinity of the exit. 1 outside the space in the vicinity of the exit. 1 outside the space in the vicinity of the exit. (c) The regulations in this section have preemptive effect over State or local regulation within the same field. PART 30—GENERAL PROVISIONS 36. The authority citation for part 30 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b). 37. Amend § 30.01–1 to remove the designation ‘‘(a)’’ and to add, at the end of the section, a sentence to read as follows: ■ § 30.01–1 Purpose of regulations. * * * The regulations in this subchapter (parts 30, 31, 32, 34, 35, 36, 38 and 39) have preemptive effect over state or local regulations in the same fields. PART 31—INSPECTION AND CERTIFICATION 38. The authority citation for part 31 continues to read as follows: ■ PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. Section 31.10–21 also issued under the authority of Sect. 4109, Pub. L. 101–380, 104 Stat. 515. ■ 39. Add § 31.01–2 to read as follows: § 31.01–2 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG–4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ E:\FR\FM\22JYR2.SGM 22JYR2 48248 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations register/code_of_federal_regulations/ ibr_locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 31.10–18(a). (2) [Reserved] ■ 40. Revise § 31.10–18 to read as follows: § 31.10–18 Fire fighting equipment: General—TB/ALL. (a) The owner, master, or person-incharge of a tank vessel must ensure that portable and semi-portable extinguishers are inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 31.01–2) as specified in paragraphs (a)(1) through (4) of this section. (1) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (2) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (3) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (4) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. (b) The owner, master, or person-incharge of a tank vessel must ensure that the following tests and inspections of fixed fire extinguishing equipment are made: TABLE 31.10–18(b)—TESTING OF FIXED FIRE EXTINGUISHING SYSTEMS Type system Test Foam .................................. Systems utilizing a soda solution must have the solution replaced. In all cases, ascertain that the powder is not caked Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of charge.1 Carbon dioxide ................... ehiers on DSK5VPTVN1PROD with RULES2 1 Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide and Halon extinguishers must be tested or renewed, as required by §§ 147.60 and 147.65 of this chapter. (c) Deck foam systems must be tested at the inspection for certification and the periodic inspection by discharging foam for approximately 15 seconds from any nozzle designated by the marine inspector. It is not required to deliver foam from all foam outlets, but all lines and nozzles must be tested with water to prove they are clear of obstruction. Before the inspection for certification and periodic inspection of deck foam systems utilizing a mechanical foam system, a representative sample of the foam concentrate must be submitted to the manufacturer who will issue a certificate indicating gravity, pH, percentage of water dilution, and solid content. (d) At each inspection for certification, periodic inspection, and at such other times as considered necessary, the inspector must determine that all fire extinguishing equipment is in suitable condition and that the tests and inspections required by paragraphs (b) through (g) of this section have been conducted. In addition, the marine inspector may require additional tests to determine the condition of the equipment. (e) On all fire extinguishing systems, the piping, controls, valves, and alarms must be checked by the marine inspector to determine that the system is in good operating condition. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (f) The fire main system must be operated and the pressure checked at the most remote and highest outlets by the marine inspector. All firehoses must be exposed to a test pressure equivalent to the maximum pressure to which they may be subjected, but not less than 100 psi. The marine inspector must check that the hose couplings are securely fastened in accordance with the regulations of this subchapter. (g) Steam smothering lines must be tested with at least 50 psi of air pressure or by blowing steam through the lines at the working pressure. A survey must be conducted for detecting corrosion and defects. PART 32—SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS 41. The authority citation for part 32 continues to read as follows: Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum, IBR approved for § 32.56–1(b). (2) [Reserved] ■ 43. Revise § 32.56–1(b) to read as follows: § 32.56–1 Application. * * * * * (b) Vessels meeting the structural fire protection requirements of SOLAS, Chapter II–2, Regulations 5, 6, 8, 9, and 11 (incorporated by reference, see § 32.01–1), may be considered equivalent to the provisions of this subpart. ■ PART 34—FIRE FIGHTING EQUIPMENT Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; Subpart 32.59 also issued under the authority of Sec. 4109, Pub. L. 101–380, 104 Stat. 515. ■ 42. Add paragraph (d) to § 32.01–1 to read as follows: ■ § 32.01–1 Incorporation by reference. * * * * * (d) International Maritime Organization (IMO) Publishing, 4 Albert PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 44. The authority citation for part 34 continues to read as follows: Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 45. Revise the heading to part 34 to read as set forth above. ■ 46. Amend § 34.01–5 as follows: ■ a. In paragraph (a), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations § 34.30–1 b. Add paragraph (b) to read as follows: ■ § 34.01–5 Equipment installed but not required—TB/ALL. * * * * * (b) Use of non-approved fire detection systems may be acceptable as excess equipment provided that: (1) Components are listed and labeled by an independent, nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. ■ 46. Revise § 34.01–15(c)(1) to read as follows: § 34.01–15 Incorporation by reference. * * * * * (c) * * * (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for § 34.30–1. * * * * * ■ 47. Revise § 34.30–1 to read as follows: Application—TB/ALL. Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 (incorporated by reference, see § 34.01– 15). ■ 48. Revise § 34.50–1 to read as follows: § 34.50–1 Application—TB/ALL. (a) The provisions of this subpart, with the exception of §§ 34.50–80 and 34.50–90, must apply to all vessels contracted for on or after August 22, 2016. (b) Vessels contracted for prior to August 22, 2016 but on or after January 1, 1962, must meet the requirements of § 34.50–80. (c) All vessels contracted for prior to January 1, 1962, must meet the requirements of § 34.50–90. § 34.50–5 [Removed] 49. Remove § 34.50–5. ■ 50. Revise § 34.50–10 to read as follows: ■ § 34.50–10 Location, number, and installation of fire extinguishers—TB/ALL. (a) Approved portable and semiportable extinguishers must be installed in accordance with table 34.50–10(a) of this section. The location of the equipment must be, in the opinion of the Officer in Charge, Marine Inspection, convenient in case of emergency. Where special circumstances exist, not covered by table 34.50–10(a) of this section, the 48249 Officer in Charge, Marine Inspection, may require additional equipment as deemed necessary for the proper protection of the vessel. (b) For additional portable extinguishers as a substitute for sand, see § 34.55–10. (c) Semi-portable extinguishers must be located in the open so as to be readily seen. (d) If portable extinguishers are not located in the open or behind glass so that they may be readily seen they may be placed in enclosures together with the firehose, provided such enclosures are marked as required by § 35.40–25 of this subchapter. (e) Portable extinguishers and their stations must be numbered in accordance with § 35.40–25 of this subchapter. (f) Portable or semi-portable extinguishers which are required by their nameplates to be protected from freezing must not be located where freezing temperatures may be expected. (g) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all portions of the space concerned can be protected. (h) Table 34.50–10(a) of this section indicates the minimum required number and type for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. TABLE 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS Tank ships Quantity and location Tank barges Area Minimum required rating Minimum required rating Quantity and location Safety Areas 1 required ..................... 1 required in the vicinity of the exit. 20–B:C ..................... 20–B:C 1 ................... Wheelhouse and chartroom area ............... Radio room ................................................. .................................. .................................. None required. None required. 2–A ........................... 1 required in the vicinity of the exit. Accommodation Areas 1 required in each main passageway on each deck, conveniently located, and so that no room is more than 75 ft from an extinguisher. 2–A ........................... Staterooms, toilet spaces, public spaces, offices, etc., and associated lockers, storerooms, and pantries. ehiers on DSK5VPTVN1PROD with RULES2 Service Areas 1 required for each 2,500 sq ft or fraction thereof. 1 required for each 2,500 sq ft or fraction thereof. VerDate Sep<11>2014 40–B:C ..................... Galleys ........................................................ 40–B:C ..................... 1 required, suitable for the hazard involved. 40–A:B ..................... Stores areas, including paint and lamp rooms. .................................. None required. 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 48250 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS—Continued Tank ships Quantity and location Tank barges Area Minimum required rating Machinery Area 2 required 3 .................. 1 required ..................... 1 required for each 1,000 brake horsepower; not less than 2, not more than 6 5. 1 required 6 7 ................ 1 required in the vicinity of the exit 7. 1 required in the vicinity of the exit 8. 40–B ......................... and 160–B 4 40–B ......................... and 120–B. 40–B ......................... 40–B:C ..................... Minimum required rating Quantity and location 2 Spaces containing oil fired boilers, either main or auxiliary, or any fuel oil units subject to the discharge pressure of the fuel oil service pump. 40–B ......................... 1 required.12 Spaces containing internal combustion or gas turbine propulsion machinery. .................................. None required. Auxiliary spaces containing internal combustion or gas turbine units. Auxiliary spaces containing emergency generators. 40–B ......................... 1 required in the vicinity of the exit.7 9 12 None required. .................................. Cargo Areas 1 required in the lower pumproom. None required .............. 40–B ......................... Pumprooms ................................................ 40–B ......................... .................................. Cargo tank area .......................................... 40–B ......................... 160–B ....................... 1 required in the vicinity of the exit.9 12 2 required.10 12 13 1 required.9 11 Spare Units 10 percent of required units rounded up. 10 percent of required units rounded up. 2–A ........................... ..................................................................... 2–A ........................... 40–B:C ..................... ..................................................................... 40–B:C ..................... 10 percent of required units rounded up. 10 percent of required units rounded up. 1 Vessels not on an international voyage may substitute two 5–B:C rated extinguishers. 40–B:C must be immediately available to the service generator and main switchboard areas, and further, a 40–B:C must be conveniently located not more than 50 feet (15.25 meters) walking distance from any point in all main machinery operating spaces. These extinguishers need not be in addition to other required extinguishers. 3 Vessels of fewer than 1,000 GT require 1. 4 Vessels of fewer than 1,000 GT may substitute 1 120–B:C. 5 Only 1 required for vessels under 65 ft in length. 6 If an oil-burning donkey boiler is fitted in the space, the 160–B:C previously required for the protection of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed. 7 Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110 °F. 8 Not required on vessels of fewer than 300 GT. 9 Not required if fixed system installed. 10 If no cargo pump on barge, only one 40–B:C required. 11 Manned barges of 100 GT and over only. 12 Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or boilers when the barge is not underway. 13 An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery or boilers does not have to be Coast Guard approved, provided it is approved by a nationally recognized testing laboratory (NRTL) in accordance with 29 CFR 1910.7. 2A § 34.50–15 ■ ■ [Removed] 51. Remove § 34.50–15. 52. Add § 34.50–80 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 § 34.50–80 Location and number of fire extinguishers required for vessels constructed prior to August 22, 2016–TB/ ALL. Vessels contracted for prior to August 22, 2016, must meet the following requirements: (a) Previously installed extinguishers with extinguishing capacities smaller than as required in table 34.50–10(a) need not be replaced and may be continued in service so long as they are maintained in good condition to the VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 satisfaction of the Officer in Charge, Marine Inspection. (b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. PART 50—GENERAL PROVISIONS 53. The authority citation for part 50 continues to read as follows: ■ Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; Section 50.01–20 also issued under the authority of 44 U.S.C. 3507. PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 54. Amend § 50.01–15 by adding paragraph (c) to read as follows: ■ § 50.01–15 Scope of regulations. * * * * * (c) The regulations in this subchapter (parts 50, 52, 53, 54, 56, 57, 58, 59, and 61 through 64) have preemptive effect over state or local regulations in the same field. PART 56—PIPING SYSTEMS AND APPURTENANCES 55. The authority citation for part 56 continues to read as follows: ■ E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. 56. In § 56.01–2— a. Revise paragraph (h)(1); and b. Add paragraph (h)(2). The addition and revision read as follows. ■ ■ ■ § 56.01–2 Incorporation by reference. * * * * * (h) * * * (1) Resolution A.753(18), Guidelines for the Application of Plastic Pipes on Ships, adopted on 4 November 1993 (‘‘IMO Resolution A.753(18)’’), IBR approved for 56.60–25(a). (2) Resolution MSC.313(88), Amendments to the Guidelines for the Application of Plastic Pipes on Ships, adopted 26 November 2010 (‘‘IMO Resolution MSC.313(88)’’), IBR approved for § 56.60–25(a). * * * * * ■ 57. In § 56.60–25— ■ a. Revise paragraph (a); ■ b. Revise paragraph (b)(5); and ■ c. In paragraphs (c) and (d), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’. The revisions read as follows. ehiers on DSK5VPTVN1PROD with RULES2 § 56.60–25 Nonmetallic materials. (a) Plastic pipe installations must be in accordance with IMO Resolution A.753(18) and IMO Resolution MSC.313(88) (both incorporated by reference, see § 56.01–2) and the following supplemental requirements. (1) Plastic pipe and associated fittings must be approved to approval series 164.141 as follows: (i) All piping, except pipe used on open decks, in cofferdams, void spaces, or ducts, must meet the flame spread requirements of Appendix 3 of IMO Resolution A.753(18). (ii) Where fire endurance is required in Appendix 4 of IMO Resolution A.753(18) the pipe must, at a minimum, be approved as meeting the fire endurance level required in Appendix 4. Ratings of ‘‘0’’ in Appendix 4 indicate that no fire endurance test is required. Ratings of ‘‘N/A’’ or ‘‘X’’ indicate that plastic pipe is not permitted. (iii) Piping in accommodation, service and control spaces must be approved for use in those spaces. (2) Plastic pipe that has not been approved for use in accommodation, service and control spaces is permitted in a concealed space in an accommodation, service or control space, such as behind ceilings or linings or between double bulkheads if: VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (i) The piping is enclosed in a trunk or duct constructed of ‘‘A’’ class divisions; or (ii) An approved smoke detection system is fitted in the concealed space and each penetration of a bulkhead or deck and each installation of a draft stop is made in accordance with IMO Resolution A.753(18) and IMO Resolution MSC.313(88) to maintain the integrity of fire divisions. (3) Requests for the use of plastic pipe for non-vital systems, as defined in 46 CFR 56.07–5, containing non-flammable or non-combustible liquids in locations that do not require fire endurance testing, as indicated in Appendix 4 of IMO Resolution A.753(18), must be submitted to the Marine Safety Center for review. The proposed piping must meet the following requirements: (i) The length of pipe must be 30 inches or less; (ii) The pipe must be contained within the space and does not penetrate any bulkhead, overhead or deck; and (iii) Material specifications must be provided with the installation proposal. (4) Pipe that is to be used for potable water must bear the appropriate certification mark of a nationallyrecognized, ANSI-accredited third-party certification laboratory. Plastic pipe fitting and bonding techniques must follow the manufacturer’s installation guidelines. Bonders must hold certifications required by the manufacturer’s guidelines and provide documentation of current certification to the Marine Inspector when requested. (5) Systems identified by § 56.97– 40(a)(1) through (c) that contain plastic piping must be tested to 1.5 MAWP as required by § 56.97–40(a). (6) Plastic pipe used outboard of the required metallic shell valve in any piping system penetrating the vessel’s shell (see § 56.50–95(f)) must have the same fire endurance as the metallic shell valve. Where the shell valve and the plastic pipe are in the same unmanned space, the valve must be operable from above the freeboard deck. (7) Pipe that is to be used for potable water must bear the appropriate certification mark of a nationallyrecognized, ANSI-accredited, thirdparty certification laboratory. (8) Plastic pipe must also comply with appropriate requirements for specific uses and arrangements of pipe given elsewhere in this part. (b) * * * (5) Nonmetallic flexible hose must have factory-assembled end fittings requiring no further adjustment or field attachable fittings. Hose end fittings must comply with SAE J1475 (incorporated by reference, see § 56.01– PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 48251 2). Field attachable fittings must be installed following the manufacturer’s recommended practice. If special equipment is required, such as crimping machines, it must be of the type and design specified by the manufacturer. A hydrostatic test of each hose assembly must be conducted in accordance with § 56.97–5. * * * * * PART 70—GENERAL PROVISIONS 58. The authority citation for part 70 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1–105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b). 59. Amend § 70.01–1 by adding, at the end of the section, a sentence to read as follows: ■ § 70.01–1 Purpose of regulations. * * * The regulations in this subchapter (parts 70, 71, 72, 76, 77, 78, and 80) have preemptive effect over State or local regulations in the same field. PART 71—INSPECTION AND CERTIFICATION 60. The authority citation for part 71 continues to read as follows: ■ Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. ■ 61. Add § 71.25–3 to read as follows: § 71.25–3 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593– 7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, E:\FR\FM\22JYR2.SGM 22JYR2 48252 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations effective December 5, 2009, IBR approved for § 71.25–20(a). (2) [Reserved] § 71.25–20 [Amended] 62. Amend § 71.25–20 as follows: a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. Revise section heading and paragraphs (a) introductory text and (a)(1). ■ c. In paragraph (a)(3), remove the word ‘‘detecting’’ wherever it appears and add, in its place, the word ‘‘detection’’; and ■ e. In paragraph (a)(4), remove the words ‘‘fire hose’’ and add, in their place, the word ‘‘firehose’’. The revisions read as follows: ■ ■ § 71.25–20 Fire detection and extinguishing equipment. (a) At each annual inspection, the inspector must ensure that the following tests and inspections of fire detection and extinguishing equipment have been conducted: (1) All portable fire extinguishers and semi-portable fire extinguishing systems must be maintained in accordance with NFPA 10, chapter 7 (incorporated by reference, see § 71.25–3). Chapter 7 requires persons performing annual and periodic maintenance, and recharging to be certified. The Coast Guard requires that the servicing persons be properly licensed to perform fire extinguisher maintenance as required by local authorities having jurisdiction. Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. * * * * * PART 72—CONSTRUCTION AND ARRANGEMENT 63. The authority citation for part 72 continues to read as follows: ■ Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. ■ 64. Add § 72.01–2 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 § 72.01–2 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG–4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum, IBR approved for § 72.05–1(c). (2) [Reserved] ■ 65. Revise § 72.05–1 to read as follows: § 72.05–1 Application. (a) The provisions of this subpart apply to the following vessels: (1) All vessels of 100 gross tons or more. (2) All vessels with overnight accommodations for more than 150 passengers. (3) All vessels on an international voyage. (b) The provisions of this subpart, with the exception of § 72.05–90, apply to all vessels noted in paragraph (a) of this section contracted for on or after May 26, 1965. Such vessels contracted for prior to May 26, 1965, must meet the requirements of § 72.05–90. (c) Vessels meeting the structural fire protection requirements of SOLAS, Chapter II–2, Regulations 5, 6, 8, 9, and 11 (incorporated by reference, see § 72.01–2), when combined with the stair requirements in § 72.05–20 may be considered equivalent to the provisions of this subpart. (d) Vessels regulated under subchapter K of this chapter which carry more than 600 passengers or with overnight accommodations for more than 49 passengers must also meet the requirements for stairways, ladders and elevators in § 72.05–20 (see 46 CFR 116.438(a)). PART 76—FIRE PROTECTION EQUIPMENT 66. The authority citation for part 76 continues to read as follows: ■ Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 67. In § 76.01–2— a. Redesignate paragraph (c) and (d) as (d) and (e); ■ b. Add new paragraph (c); ■ ■ PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 c. Revise redesignated paragraph (d)(1); and ■ d. Add new paragraph (d)(2); The additions and revision read as follows. ■ § 76.01–2 Incorporation by reference. * * * * * (c) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum, IBR approved for §§ 76.27–1(b) and 76.27–70 introductory text, (a) through (d) and (j). (2) FSS Code, International Code for Fire Safety Systems, Second Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for §§ 76.27–1(b) and 76.27–70 introductory text, and (e) through (j). (3) Resolution A.1021(26), Code on Alerts and Indicators, 2009, adopted on 2 December 2009 (‘‘IMO Resolution A.1021(26)’’), IBR approved for § 76.27– 70(j). (d) * * * (1) NFPA 13–1996, Standard for the Installation of Sprinkler Systems, IBR approved for § 76.25–90. (2) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for § 76.25–1. * * * * * ■ 68. Revise § 76.01–5 to read as follows: § 76.01–5 required. Equipment installed but not (a) Where extinguishing systems or equipment are not required, but are installed, the system or equipment and its installation must meet the requirements of this part. (b) Use of non-approved fire detection systems may be acceptable as excess equipment provided that: (1) Components are listed by a nationally recognized testing laboratory (NRTL) as that term is defined in 46 CFR 161.002–2, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 69. Revise § 76.05–1 to read as follows: ■ § 76.05–1 systems. Fire detection and alarm (a) Approved fire detection and alarm systems must be installed on the following vessels as set forth in subpart 76.27 of this part: (1) Any vessel on an international voyage; (2) Any vessel of more than 150 feet (45.72 meters) in length having sleeping accommodations for passengers; and (3) Any vessel of 150 feet (45.72 meters) or less in length, not on an international voyage, having sleeping accommodations for 50 or more passengers. Vessels in this category are not required to have a fire detection system in the cargo spaces. (b) The arrangements and details of the fire detection systems must be as set forth in subparts 76.25 through 76.33 of this part. ■ 70. Revise § 76.05–5 to read as follows: § 76.05–5 Manual alarm system. (a) An approved manual alarm system must be installed in all vessels as set forth in subpart 76.27 of this part. (b) [Reserved] § 76.05–10 [Amended] 48253 72. Revise § 76.05–20 to read as follows: ■ § 76.05–20 systems. Fixed fire extinguishing Approved fire extinguishing systems must be installed, as required by Table 76.05–20 on all self-propelled vessels and on all barges with sleeping accommodations for more than six persons. Previously approved installations may be retained as long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. 71. In § 76.05–10(a), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’. ■ TABLE 76.05–20—REQUIRED FIXED EXTINGUISHING SYSTEMS Space Fixed extinguishing systems Safety Areas Wheelhouse or fire-control room ..................................................................................................... Stairway and elevator enclosures ................................................................................................... Communication corridors ................................................................................................................ Lifeboat embarkation and lowering stations ................................................................................... Radio room ...................................................................................................................................... None None None None None required.1 required.1 required.1 required. required.1 None None None None required.1 required.1 required.1 required. Accommodations Staterooms, toilet spaces, isolated pantries, etc ............................................................................ Offices, lockers, and isolated storerooms ....................................................................................... Public spaces .................................................................................................................................. Open decks or enclosed promenades ............................................................................................ Service Spaces Galleys ............................................................................................................................................ Main pantries ................................................................................................................................... Motion picture booths and film lockers ........................................................................................... Paint and lamp rooms ..................................................................................................................... Inaccessible baggage, mail, and specie rooms and storerooms ................................................... Accessible baggage, mail, and specie rooms and storerooms ...................................................... Refrigerated storerooms ................................................................................................................. Carpenter, valet, photographic, and printing shops, sales rooms, etc ........................................... None required.1 None required.1 None required.1 2 Carbon dioxide.3 Carbon dioxide.3 None required.1 None required. None required.1 ehiers on DSK5VPTVN1PROD with RULES2 Machinery spaces Coal fired boilers: Bunker and boiler space .................................................................................... Oil fired boilers: Spaces containing oil fired boilers either main or auxiliary, their fuel oil service pumps, and/or such other fuel oil units as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge pressure of the fuel oil service pumps, together with adjacent spaces to which oil can drain. Internal combustion or gas turbine propelling machinery spaces .................................................. Electric propulsive motors or generators of open type ................................................................... Enclosed ventilating systems for motors and generators of electric propelling machinery ........... Auxiliary spaces, internal combustion or gas turbine ..................................................................... Auxiliary spaces, electric motors or generators .............................................................................. Auxiliary spaces, steam .................................................................................................................. Trunks to machinery spaces ........................................................................................................... Fuel tanks ........................................................................................................................................ None required.1 Carbon dioxide or foam.4 Carbon dioxide.5 None required. Carbon dioxide (in ventilating system).6 Carbon dioxide.7 None required. None required. None required. None required.8 Cargo Spaces Inaccessible during voyage (combustible cargo), including trunks (excluding tanks) .................... Accessible during voyage (combustible cargo) .............................................................................. Vehicular deck (except where no overhead deck is 30 feet (9.14 meters) in length or less) ....... Cargo oil tanks ................................................................................................................................ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 Carbon dioxide.3 Automatic or manual sprinkler system. Manual sprinkler. Carbon dioxide or foam.3 E:\FR\FM\22JYR2.SGM 22JYR2 48254 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 76.05–20—REQUIRED FIXED EXTINGUISHING SYSTEMS—Continued Space Fixed extinguishing systems Specially suitable for vehicles ......................................................................................................... Carbon dioxide, automatic or manual sprinkler system. 1 Vessels of 100 GT or more contracted for on or before May 27, 1936, and having combustible joiner work must be fitted with an automatic sprinkler system, except in relatively incombustible spaces. 2 Sprinkler heads may be attached to a potable water system provided electrical or pneumatic detecting is installed. 3 On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However, although existing steam smothering systems may be repaired, replaced, or extended, no new system contracted for on or after January 1, 1962, will be permitted. 4 Protection of auxiliary boilers, fuel oil units, valves, and manifolds not required on vessels contracted for prior to November 19, 1952. 5 Not required on vessels of less than 300 GT (except on an international voyage) using fuel with a flashpoint higher than 110 °F, where the space is normally manned. 6 Not required on vessels contracted for prior to November 19, 1952. 7 Not required on vessels of less than 300 GT or on vessels contracted for prior to November 19, 1952, except where fuel, including starting fuel, has a flashpoint of 110 °F or less. 8 Where fuel having a flashpoint of 110 °F or lower is used the space containing the fuel tanks must be protected by a carbon dioxide system. § 76.10–5 [Amended] 73. Amend § 76.10–5 as follows: a. In paragraph (a), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ b. In Table 76.10–5(a), footnote 1, remove the words ‘‘75 feet of 11⁄2-inch hose and 5⁄8-inch nozzles may be used where specified’’ and add, in their place, the words ‘‘Except as allowed’’. ■ 74. Revise § 76.10–10 to read as follows: ■ ■ ehiers on DSK5VPTVN1PROD with RULES2 § 76.10–10 nozzles Fire station hydrants, hose and (a) The size of fire hydrants, hoses, and nozzles, and the length of hose required, must be as specified in Table 76.10–5(a) of this subpart. (b) On vessels of more than 1,500 gross tons, the 21⁄2-inch hose and hydrants specified in Table 76.10–5(a) may be replaced with 11⁄2-inch hose and hydrants as follows: (1) The hydrants in interior locations may have wye connections for 11⁄2-inch hose. In these cases, the hose must be 75 feet (22.86 meters) in length, and only one hose will be required at each fire station; however, if every interior space can be reached by a 50-foot hose then 50-foot hoses may be installed at each interior fire hydrant; and (2) The hydrants for external locations may consist of two 11⁄2-inch outlets, each with a 11⁄2-inch hose, supplied through a wye connection as a substitute. (c) On vessels of 500 gross tons or more, there must be at least one shore connection to the fire main available to each side of the vessel in an accessible location. Suitable cut-out valves and check valves must be provided. Suitable adaptors also must be provided for furnishing the vessel’s shore connections with couplings mating those on the shoreside fire lines. Vessels of 500 gross tons or more on an international voyage must be provided with at least one international shore VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 connection complying with ASTM F 1121 (incorporated by reference, see § 76.01–2). Facilities must be available that enable an international shore connection to be used on either side of the vessel. (d) Fire hydrants must be of sufficient number and so located that any part of the vessel accessible to the passengers or crew while the vessel is being navigated, other than main machinery spaces and cargo holds, may be reached with at least two streams of water from separate outlets, at least one of which must be from a single length of hose. All areas of the main machinery spaces and cargo holds must be capable of being reached by at least two streams of water, each of which must be from a single length of hose from separate outlets. This requirement need not apply to shaft alleys containing no assigned space for the stowage of combustibles. Fire hydrants must be numbered as required by § 78.47–20 of this subchapter. (e) All parts of the fire main located on exposed decks must either be protected against freezing or be fitted with cut-out valves and drain valves so that the entire exposed parts of such piping may be shut off and drained in freezing weather. Except when closed to prevent freezing, such valves must be sealed open. (f) The outlet at each fire hydrant must be provided with a cock or valve fitted in such a position that the firehose may be removed while the fire main is under pressure. In addition, the outlet must be limited to any position from the horizontal to the vertical pointing downward, so that the hose will lead horizontally or downward to minimize the possibility of kinking. (g) Each fire hydrant must have at least one length of firehose, a spanner wrench, and a hose rack or other device for stowing the hose. (h) Firehoses must be connected to the outlets at all times. However, on PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 open decks where no protection is afforded to the hose in heavy weather, or where the hose may be liable to damage from the handling of cargo, the hose may be temporarily removed from the hydrant and stowed in an accessible nearby location. (i) A firehose must not be used for any purpose other than fire extinguishing and fire drills. (j) Each firehose on each hydrant must have a combination solid stream and water spray firehose nozzle that meets the requirements in 46 CFR 162.027. Firehose nozzles previously approved under subpart 162.027 of this chapter may be retained so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (k) Straight stream firehose nozzles approved under 46 CFR 162.027 must have low-velocity water spray applicators for— (1) Two firehoses within the accommodation and service areas; and (2) Each firehose within propulsion machinery spaces containing an oilfired boiler, internal combustion machinery, or an oil fuel unit on a vessel on an international voyage or on any vessel of 1,000 gross tons or more. The length of each applicator must be not more than 1.8 meters (6 feet). (l) Fixed brackets, hooks, or other means for stowing an applicator must be next to each fire hydrant that has an applicator under paragraph (k) of this section. (m) Fire hydrants, nozzles, and other fittings must have threads to accommodate the hose connections noted in paragraph (l) of this section. (n) Firehose and couplings must be as follows: (1) Fire station hydrant connections must be brass, bronze, or other equivalent metal. Couplings must either— (i) Use National Standard (NS) firehose coupling threads for the 11⁄2-in E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (38-mm) and 21⁄2-in (64-mm) hose sizes, i.e., 9 threads per inch for a 11⁄2-in hose, and 71⁄2 threads per inch for a 21⁄2-in hose; or (ii) Be a uniform design for each hose diameter throughout the vessel. (2) Each section of firehose must be a lined commercial firehose that conforms to UL 19 (incorporated by reference, see § 76.01–2). A hose that bears the label of UL as a lined firehose is accepted as conforming to this requirement. ■ 75. Revise § 76.25–1 to read as follows: § 76.25–1 Application. Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 (incorporation by reference, see § 76.01– 2). §§ 76.25–5 through 76.25–35 [Removed] 76. Remove and reserve §§ 76.25–5 through 76.25–35. ■ 77. Revise subpart 76.27, consisting of §§ 76.27–1 through 76.27–90, to read as follows: ■ Subpart 76.27—Fire Detection and Alarm System, Details Sec. 76.27–1 Application. 76.27–5 General. 76.27–10 Operation. 76.27–15 Detectors. 76.27–20 Alarm indicators. 76.27–25 Power and circuitry. 76.27–30 Zoning. 76.27–35 Installation. 76.27–70 Application of SOLAS and FSS Code. 76.27–80 Installations contracted for on or after November 19, 1952, and prior to July 22, 2021. 76.27–90 Installations contracted for prior to November 19, 1952. Subpart 76.27—Fire Detection and Alarm System, Details ehiers on DSK5VPTVN1PROD with RULES2 § 76.27–1 Application. (a) Where a fire detection and alarm system is installed, the provisions of this subpart, with the exception of §§ 76.27–80 and 76.27–90, apply to all installations contracted for on or after July 22, 2021. Installations contracted for on or after November 19, 1952, and prior to July 22, 2021 must meet the requirements of § 76.27–80. Installations contracted for prior to November 19, 1952, must meet the requirements of § 76.27–90. (b) The design, manufacture, installation, and operation of fire detection and alarm systems must be in accordance with either: (1) Sections 76.27–5 through 76.27– 35; or (2) SOLAS Chapter II–2, Regulation 7 and FSS Code Chapter 9 (both VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 incorporated by reference, see § 76.01– 2) as detailed in § 76.27–70. § 76.27–5 General. (a) Detectors, manual alarm stations, control panels, cabinets, alarms, and other notifying devices must be of approved types. (b) The fire detection and alarm system must be capable of immediate operation at all times that the vessel is in service. (c) The fire detection and alarm system must control and monitor input signals for all connected detectors and manual pull stations or call points. (d) The fire detection and alarm system must provide fire or fault output signals to the pilothouse or fire control station. (e) The fire detection and alarm system must notify crew and passengers of a fire when appropriate. (f) The fire detection and alarm system must be so arranged and installed that the presence of a fire in any of the protected spaces will be automatically registered visibly and audibly in the pilothouse or fire control station. The visible notice must indicate the zone in which the alarm originated. On vessels of more than 150 feet (45.72 meters) in length, there must also be an audible alarm in the engine room. § 76.27–10 Operation. (a) Means to manually acknowledge all alarm and fault signals must be provided at the control panel. The audible alarm on the control panel may be manually silenced. The control panel must clearly distinguish between normal, alarm, acknowledged alarm, fault, and silence conditions. (b) The activation of any detector or manual pull station must cause an audible and visual fire detection alarm signal at the control panel. If the alarm signal has not been acknowledged within 2 minutes, an audible fire alarm must be automatically sounded throughout the crew accommodations and service spaces, control stations, and manned machinery spaces. (c) A fire detection and alarm system must automatically reset to a normal operating condition after alarm and fault situations are cleared. (d) Detectors in certain spaces, such as workshops during hot work and roro spaces during on- and off-loading, may be disabled. The system must be restored automatically to normal surveillance after a predetermined time. Spaces must be manned when any detectors are disabled. Detectors in all other spaces must remain operational. (e) In fire detection and alarm systems with addressable detectors and manual PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 48255 pull stations, every fault (such as an open circuit, short circuit, or ground fault) must be monitored and must not prevent the continued individual identification of the remaining detectors and manual pull stations. (f) In fire detection and alarm systems with addressable detectors and manual alarm stations, the initiation of the first fire detector and resulting alarm must not prevent any other detector from responding. (g) Fire detection and alarm systems without addressable detectors and manual alarm stations must identify the zone that contains the activated detector or station upon activation of a detector or manual pull station. (h) Fire detection and alarm systems may output signals to other fire safety systems including, but not limited to, paging systems, fire alarm or public address systems, fan stops, fire doors, fire dampers, sprinkler systems, smoke extraction systems, low-location lighting systems, fixed local application fire extinguishing systems, and closedcircuit television systems. (i) Fire detection and alarm systems may accept signals from other safety systems. For example, a signal initiated from actuation of an automatic sprinkler valve may be sent to a fire detection and alarm system. (j) The fire detection and alarm system may be connected to a decision management system provided that— (1) The decision management system is compatible with the fire detection and alarm system; (2) The decision management system can be disconnected without affecting the performance of the fire detection and alarm system; and (3) Any malfunction of the interfaced and connected decision management equipment must not render the fire detection and alarm system ineffective. § 76.27–15 Detectors. (a) Detectors must be responsive to heat, smoke, or other products of combustion, flame, or any combination of these factors. Detectors responsive to other indicators of incipient fires may be used if approved. (b) Detectors must be capable of being triggered or tested and restored to service without the replacement of any component. (c) Heat detectors must be rated not lower than 130 °F (54 °C) and not higher than 172 °F (78 °C). The operating temperature of heat detectors located in spaces of high normal ambient temperatures may be up to 260 °F (130 °C). The operating temperatures of heat detectors in saunas may be up to 284 °F (140 °C). E:\FR\FM\22JYR2.SGM 22JYR2 48256 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (d) Fire detectors fitted in passenger cabins must also emit, or cause to be emitted, an audible alarm within the cabin when activated. (e) The required sensitivity and other performance criteria of detectors must be as set forth in 46 CFR 161.002. § 76.27–20 Alarm indicators. (a) Audible alarms must generate sound pressure levels as set forth in 46 CFR 161.002 and must: (1) Be at least 75 dBA as measured at the sleeping position in cabins; (2) Be at least 10 dBA above ambient noise levels existing during normal operation with the ship under way in moderate weather when measured at a point 5 feet (1.5 meters) above the finished floor and at least 3 feet (1 meter) from the source; (3) Not exceed 120 dBA; and (4) The sound pressure level must be measured in the third octave band about the fundamental frequency. (b) Visual alarms must generate light of an intensity and period as set forth in 46 CFR 161.002. (c) All audible and visual alarms must be audible and visible throughout the spaces they are intended to alert. § 76.27–25 Power and circuitry. (a) The power supply and emergency power supply for all fire detection and alarm systems must be in accordance with 46 CFR chapter I, subchapter J (Electrical Engineering). At the end of the required period for which the fire detection and alarm system must remain operable under emergency power, the system must remain capable of operating all audible and visual fire alarm signals for an additional period of 30 minutes. (b) All wiring and electrical circuits and equipment must be in accordance with 46 CFR chapter I, subchapter J (Electrical Engineering). (c) All fire detection and alarm systems must monitor power supplies and circuits necessary for the operation of the system during loss of power and fault conditions. ehiers on DSK5VPTVN1PROD with RULES2 § 76.27–30 Zoning. (a) The fire detection system must be divided into separate zones to restrict the area covered by any particular alarm signal. (b) The fire detection zone must not include spaces in more than one main vertical zone, except on cabin balconies. (c) The fire detection zone must not include spaces on more than one deck, except— (1) Adjacent and communicating spaces on different decks at the ends of the vessel having a combined ceiling area of not more than 3,000 sq ft; VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (2) Isolated rooms or lockers in such spaces as mast houses or wheelhouse tops, which are easily communicable with the area of the fire detection circuit to which they are connected; and (3) Systems with addressable detectors and manual alarm stations that can have their status individually determined. (d) Any fire detection zone with non– addressable detectors and manual pull stations must not contain more than 25 protected rooms or spaces. § 76.27–35 Installation. (a) Detectors must be located in all spaces except those having little or no fire risk such as void spaces with no stowage of combustibles, private bathrooms, public toilets, fire extinguishing medium storage rooms, deck spaces, and enclosed promenades that are naturally ventilated by permanent openings. (b) The detectors must be located on the overhead in the space protected at a minimum distance of 18 in (0.5 m) away from bulkheads, except in corridors, lockers, and stairways. Positions near beams and ventilation ducts, or other positions where patterns of air flow could adversely affect performance should be avoided. Where liable to physical damage, the detector must be suitably protected. (c) Detectors must be located in accordance with spacing requirements as tested and approved. (d) Detectors in stairways must be located at least at the top level of the stairs and at every second level beneath. (e) There must be at least one manual alarm station in each zone. (f) Manual alarm stations must be located in main passageways, stairway enclosures, public spaces, or similar locations where they will be readily available and easily seen in case of need. (g) A sufficient number of manual alarm stations must be employed to enable a person escaping from any space to find a manual alarm station on his or her normal escape route. (h) Cables that form part of a fire detection and alarm system must be arranged to avoid galleys and machinery and other high fire risk spaces except where it is necessary to provide for fire detection and alarms in such spaces or to connect to an appropriate power supply. (i) Clear information about the installation and operation of a fire detection and alarm system must be displayed on or adjacent to its control panels. PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 (j) The audible alarms must be identified as required by § 78.47–13 of this subchapter. (k) The entire main vertical zone containing an atrium must be protected throughout with smoke detectors. § 76.27–70 Code. Application of SOLAS and FSS When the design, manufacture, installation, and operation of a fire detection and alarm system is to be in accordance with SOLAS Chapter II–2, Part C, Regulation 7 and FSS Code Chapter 9 (both incorporated by reference, see § 76.01–2) as allowed by § 76.27–1(b)(2), the following requirements apply: (a) The periodic testing of fire detection and alarm systems required in SOLAS Chapter II–2, Regulation 7.3.2 must be conducted as part of the annual inspection mandated in subpart 71.25 of this subchapter. (b) Control stations must be included among the spaces to be protected by a fire detection and alarm system under SOLAS Chapter II–2, Regulation 7.5.3. (c) The Commanding Officer of the U.S. Coast Guard Marine Safety Center will determine whether a cargo space in a passenger vessel is inaccessible and whether or not it is reasonable to provide fire detection for the space under SOLAS Chapter II–2, Regulation 7.6. (d) The Commanding Officer of the U.S. Coast Guard Marine Safety Center will determine whether or not there is risk of fire originating in concealed and inaccessible places that otherwise would require access of a fire patrol under SOLAS Chapter II–2, Regulation 7.8.2. (e) Any detectors operated by factors other than heat, smoke, or other products of combustion, or flame as addressed in FSS Code Chapter 9.2.3.1.1, may be used if they are approved types. (f) Notwithstanding the provisions of FSS Code Chapter 9.2.3.1.2, the required sensitivity and other performance criteria of smoke detectors must be as set forth in 46 CFR 161.002. (g) Notwithstanding the provisions of FSS Code Chapter 9.2.3.1.3, the required sensitivity and other performance criteria of heat detectors must be as set forth in 46 CFR 161.002. (h) As addressed in FSS Code Chapter 9.2.4.1.3, when a fire detection and alarm system does not include means for identifying each detector individually, no section of detectors and manually operated call points may include more than 25 enclosed spaces. (i) Notwithstanding the spacing set forth in FSS Code Chapter 9, Table 9.1, E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations fire detectors must be placed in accordance with spacing requirements as tested and approved. (j) Footnotes to SOLAS Chapter II–2, Regulation 7.9 and FSS Code Chapter 9.2.51 refer to the Code on Alarms and Indicators, 2009, as adopted by IMO Resolution A.1021(26) (incorporated by reference, see § 76.01–2). The provisions of the Code on Alarms and Indicators are recommended but not required under the option in § 76.27–1(b)(2). § 76.27–80 Installations contracted for on or after November 19, 1952 and prior to July 22, 2021. Installations contracted for on or after November 19, 1952 and prior to July 22, 2021, must meet the following requirements: (a) Location and spacing of detectors. (1) The detectors must be located close to the overhead in the space protected. Where prone to physical damage, the detector(s) must be suitably protected. (2) Unless specifically approved otherwise, every point on the overhead of a protected space must be within 10 feet (3.05 meters) of a detector. Where beams or girders extend below the ceiling, or where the ceiling is installed at more than one level, the detectors must be so located as to be most effective. (b) Operation and installation. (1) The system must be so arranged and installed that the presence of a fire in any of the protected spaces will be automatically registered visibly and audibly in the pilothouse or fire control station. The visible notice must indicate the zone in which the alarm originated. On vessels of more than 150 feet (45.72 meters) in length, there must also be an audible alarm in the engine room. (2) The detectors, the fire detection cabinet, and alarms must be of an approved type. (3) In general, the detectors must be rated not lower than 135 °F and not higher than 165 °F. However, in spaces where a high ambient temperature may be expected, detectors must be rated not lower than 175 °F and not higher than 225 °F. (4) The fire detection system must be used for no other purpose, except that it may be integrated with the manual alarm system. (5) All wiring and electrical circuits and equipment must meet the applicable requirements of 46 CFR chapter I, subchapter J (Electrical Engineering) of this chapter. (6) A framed chart or diagram must be installed in the wheelhouse or control station adjacent to the detecting cabinet indicating the location of the various detecting zones and giving instructions for the operation, maintenance, and testing of the system. This chart, or a separate card or booklet to be kept near the chart, must have tabulated spaces for the date and signature of the licensed officer of the vessel who must witness or conduct the periodic tests. (7) The audible alarms must be identified as required by § 78.47–13 of this subchapter. (c) Zoning. (1) The fire detection system must be divided into separate zones to restrict the area covered by any particular alarm signal. (2) All spaces in a fire detection zone must be accessible from one to another without leaving the deck involved. All doors in watertight subdivision bulkheads and main vertical zone bulkheads must be assumed closed for the purpose of this requirement. 48257 (3) The fire detection zone must not include spaces on more than one deck, except: (i) Adjacent and communicating spaces on different decks at the ends of the vessel having a combined ceiling area of not more than 3,000 sq ft; (ii) Isolated rooms or lockers in such spaces as mast houses, wheelhouse top, etc., which are easily communicable with the area of the fire detection circuit to which they are connected; and (iii) Systems with indicators for individual spaces. (4) The fire detection zone must not contain more than 50 protected rooms or spaces. (d) Repair of existing systems. (1) If the status of the approval for the system is other than ‘‘Former—Do not use’’, the system may be repaired by the following means: (i) Repair in kind using the same components as installed and listed on the approved drawings; (ii) Repair using equivalent components from the authorized component list for the type approval for that system; (iii) Repair using equivalent components from the authorized component list for the type approval for another fire detection system, provided that the replacement devices are compatible with the installed system; and (iv) Repair using devices that are currently type approved, provided that the replacement devices are compatible with the installed system. (2) Any changes to the system that will result in the fire detection system not complying with the approved drawings require the drawings to be revised and submitted to the Marine Safety Center for review. TABLE 76.27–80—INSTALLATIONS Space Detecting systems Safety Areas Wheelhouse or fire-control room .............................................................. Stairway and elevator enclosures ............................................................ Communication corridors .......................................................................... Lifeboat embarkation and lowering stations ............................................. Radio room ............................................................................................... None None None None None required.1 required.1 required.1 required. required.1 ehiers on DSK5VPTVN1PROD with RULES2 Accommodations Staterooms, toilet spaces, isolated pantries, etc ..................................... Offices, lockers, and isolated storerooms ................................................ Public spaces ........................................................................................... Open decks or enclosed promenades ..................................................... None required.1 Electric, pneumatic, or automatic sprinkling.1 None required with 20-minute patrol. Electric, pneumatic, or automatic sprinkling with 1 hour patrol.1 None required. Service Spaces Galleys ...................................................................................................... Main pantries ............................................................................................ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4701 None required.1 None required.1 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 48258 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 76.27–80—INSTALLATIONS—Continued Space Detecting systems Electric, pneumatic, or automatic sprinkling.1 2 Smoke detecting.3 Smoke detecting.3 Electric, pneumatic, or automatic sprinkling. None required. Electric, pneumatic, or automatic sprinkling. Motion picture booths and film lockers .................................................... Paint and lamp rooms .............................................................................. Inaccessible baggage, mail, and specie rooms and storerooms ............. Accessible baggage, mail, and specie rooms and storerooms ............... Refrigerated storerooms ........................................................................... Carpenter, valet, photographic, and printing shops, sales rooms, etc .... Machinery Spaces Coal fired boilers: Bunker and boiler space ............................................. Oil fired boilers: Spaces containing oil fired boilers either main or auxiliary, their fuel oil service pumps, and/or such other fuel oil units as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge pressure of the fuel oil service pumps, together with adjacent spaces to which oil can drain. Internal combustion or gas turbine propelling machinery spaces ........... Electric propulsive motors or generators of open type ............................ Enclosed ventilating systems for motors and generators of electric propelling machinery. Auxiliary spaces, internal combustion or gas turbine .............................. Auxiliary spaces, electric motors or generators ....................................... Auxiliary spaces, steam ............................................................................ Trunks to machinery spaces .................................................................... Fuel tanks ................................................................................................. None required. None required. None required. None required. None required. None None None None None required. required. required. required. required. Cargo Spaces Inaccessible during voyage (combustible cargo), including trunks (excluding tanks). Accessible during voyage (combustible cargo) ........................................ Vehicular deck (except where no overhead deck is 30 feet (9.14 meters) in length or less). Cargo oil tanks ......................................................................................... Specially suitable for vehicles .................................................................. Smoke detecting. Smoke detecting, electric, pneumatic or automatic sprinkling. None required. None required. Smoke detecting, electric, pneumatic or automatic sprinkling. 1 Vessels of 100 GT or more contracted for on or before May 27, 1936, and having combustible joiner work must be fitted with an automatic sprinkler system, except in relatively incombustible spaces. 2 Sprinkler heads may be attached to a sanitary system provided electrical or pneumatic detecting is installed. 3 On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However, although existing steam smothering systems may be repaired, replaced, or extended, no new system contracted for on or after January 1, 1962, will be permitted. § 76.27–90 Installations contracted for prior to November 19, 1952. § 76.30–1 ehiers on DSK5VPTVN1PROD with RULES2 (a) Installations contracted for prior to November 19, 1952, must meet the following requirements: (1) Existing arrangements, materials, and equipment previously approved will be considered satisfactory so long as they meet the minimum requirements of this paragraph, and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation. (2) The details of the systems must be in general agreement with §§ 76.27–5 through 76.27–15 insofar as is reasonable and practicable. (b) [Reserved] Subpart 76.30—Pneumatic Fire Detection System, Details 78. Revise the heading of subpart 76.30 to read as set forth above. ■ 79. Revise § 76.30–1 to read as follows: ■ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Application. (a) Where a pneumatic fire detection system is installed, the provisions of this subpart, with the exception of § 76.30–90, must apply to all installations contracted for on or after November 19, 1952, and prior to July 22, 2021. Installations contracted for prior to November 19, 1952, must meet the requirements of § 76.30–90. (b) [Reserved] § 76.30–5 [Amended] 80. In § 76.30–5, remove the word ‘‘detecting’’ wherever it appears and add, in its place, the word ‘‘detection’’; and remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’. ■ 81. Revise § 76.30–10 to read as follows: ■ § 76.30–10 Location and spacing of tubing. (a) The tubing must be located on the overhead or within 12 inches of the overhead on the bulkheads. Where liable to physical damage, the tubing must be suitably protected. PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 (b) In each enclosed space or separate room there must be exposed at least 5 percent of the total length of tubing in that circuit, but in no case may the amount be less than 25 feet. (c) No spot on the overhead of a protected space may be more than 12 feet from the nearest point of tubing. Where beams or girders extend below the ceiling, or where the ceiling is installed at more than one level, the tubing must be located so as to be most effective. § 76.30–15 [Amended] 82. Amend § 76.30–15 as follows: a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. In paragraph (a), after the words ‘‘On vessels’’, remove the word ‘‘over’’ and add, in its place, the words ‘‘greater than’’; ■ c. In paragraph (c), after the words ‘‘at a temperature rise of approximately’’, remove the text ‘‘40 degrees F’’ and add, in its place, the text ‘‘40 °F’’; and ■ ■ E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations d. In paragraph (d), remove the word ‘‘detecting’’ and add, in its place, the word ‘‘detection’’ ■ § 76.30–90 [Amended] 83. Amend § 76.30–90 as follows: a. In paragraph (a) introductory text, remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ b. In paragraph (a)(1), remove the word ‘‘shall’’ and add, in its place, the word ‘‘will’’; and ■ c. In paragraph (a)(2), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and after the words ‘‘in general agreement with’’, remove the text ‘‘§§ 76.30–5 through 76.30–15’’ and add, in its place, the text ‘‘§§ 76.27–5 through 76.27–35’’. ■ ■ Subpart 76.33—Smoke Detection System, Details 84. Revise the heading of subpart 76.33 to read as written above. ■ 85. Revise § 76.33–1 to read as follows: ■ § 76.33–1 § 76.33–20 Application. [Amended] 86. In § 76.33–5, remove the word ‘‘detecting’’ wherever it appears and add, in its place, the word ‘‘detection’’; and remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’. ■ § 76.33–10 [Amended] 87. Amend § 76.33–10 as follows: a. In paragraphs (a) and (c), remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’. ■ b. In paragraph (b), remove the word ‘‘shall’’ and add, in its place, the word ‘‘may’’. ■ ■ § 76.33–15 [Amended] 88. Amend § 76.33–15 as follows: a. Remove the word ‘‘detecting’’ wherever it appears and add, in its place, the word ‘‘detection’’; ■ b. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; and ehiers on DSK5VPTVN1PROD with RULES2 ■ ■ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Operation and installation. * (a) Where a smoke detection system is installed, the provisions of this subpart, with the exception of § 76.33–90, apply to all installations contracted for on or after November 19, 1952, and prior to July 22, 2021. Installations contracted for prior to November 19, 1952, must meet the requirements of § 76.33–90 of this subpart. (b) Vessels must comply with the requirements of § 76.33–20(c) of this subpart not later than July 22, 2021. § 76.33–5 c. In paragraph (e), remove the word ‘‘tapes’’ and add, in its place, the word ‘‘traps’’, ■ 89. Amend § 76.33–20 as follows: ■ a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. In paragraph (a), after the words ‘‘On vessels’’, remove the word ‘‘over’’ and add, in its place, the words ‘‘greater than’’, and remove the word ‘‘detecting’’ wherever it appears and add, in its place, the word ‘‘detection’’; ■ c. In paragraphs (b) and (e), remove the word ‘‘detecting’’ wherever it appears and add, in its place, the word ‘‘detection’’’ ■ d. Revise paragraph (c); and ■ e. In paragraphs (d) and (h), remove the word ‘‘detecting’’ wherever it appears and add, in its place, the word ‘‘detection’’. The revision reads as follows: ■ * * * * (c) No exhaust from the detection cabinet may be discharged in the vicinity of the cabinet to permit the detection of fire by odor. Instead, the exhaust must be directed to the outside. Vessels must comply with this requirement not later than July 22, 2021. * * * * * § 76.33–90 [Amended] 90. Amend § 76.33–90 as follows: a. In paragraph (a) introductory text, remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ b. In paragraph (a)(1), remove the word ‘‘shall’’ and add, in its place, the word ‘‘will’’; and ■ c. In paragraph (a)(2), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and after the words ‘‘general agreement with’’, remove the text ‘‘§§ 76.33–5 through 76.33–15’’ and add, in its place, the text ‘‘§§ 76.27–5 through 76.27–35’’. [Amended] 91. Amend § 76.35–1 as follows: a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; and ■ b. In paragraph (a), after the text ‘‘on or after November 19, 1952’’, add the text‘‘, and prior to July 22, 2021’’. ■ 92. Amend § 76.35–5 to revise paragraph (a) to read as follows: Zoning. (a) The zoning of the manual alarm system must meet the same PO 00000 Frm 00041 Fmt 4701 § 76.35–10 [Amended] 93. Amend § 76.35–10 as follows: a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; and ■ b. In the section heading and paragraphs (a) and (c), remove the word ‘‘boxes’’ wherever it appears and add, in its place, the word ‘‘stations’’; and remove the word ‘‘box’’ wherever it appears and add, in its place, the word ‘‘station’’. ■ ■ § 76.35–15 [Amended] 94. Amend § 76.35–15 as follows: a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. In paragraphs (b) and (f), remove the word ‘‘boxes’’ wherever it appears and add, in its place, the word ‘‘stations’’; and ■ c. In paragraphs (c) and (e), remove the word ‘‘detecting’’ and add, in its place, the word ‘‘detection’’. ■ 95. Revise § 76.50–1 to read as follows: ■ ■ § 76.50–1 Application. (a) The provisions of this subpart, with the exception of §§ 76.50–80 and 76.50–90, as applicable, apply to all vessels contracted for on or after November 19, 1952. ■ (b) Vessels contracted for prior to January 18, 2017 and on or after November 19, 1952, must meet the requirements of § 76.50–80. ■ (c) Vessels contracted for prior to November 19, 1952, must meet the requirements of § 76.50–90. § 76.50–5 [Removed and Reserved] 96. Remove and reserve § 76.50–5. 97. Revise § 76.50–10 to read as follows: ■ ■ ■ ■ § 76.35–5 requirements as those for the fire detection system set forth in § 76.27– 15(d). * * * * * ■ ■ ■ § 76.35–1 48259 Sfmt 4700 § 76.50–10 Location. (a) Approved portable and semiportable extinguishers must be installed in accordance with table 76.50–10(a) of this section. (b) Table 76.50–10(a) indicates the minimum required number and type of extinguisher for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. E:\FR\FM\22JYR2.SGM 22JYR2 48260 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 76.50—10(a)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS Fire extinguishing Space Minimum required rating Quantity and location Safety Area 1 Wheelhouse or fire control room ............................................... 20–B:C ............. Stairway and elevator enclosures ............................................. Communicating corridors ........................................................... ........................... 2–A ................... Lifeboat embarkation and lowering stations .............................. Radio room ................................................................................ ........................... 20–B:C 3 ........... 1 of each classification on vessels over 1,000 GT. (Not required in both spaces.) (Multiple classifications may be recognized.) None required. 1 in each main corridor in each main vertical zone. (May be located in stairway enclosures.) None required. 2 in the vicinity of the exit.2 Accommodations 1 Staterooms, toilet spaces, isolated pantries, etc ....................... Offices, lockers, and isolated storerooms ................................. Public spaces ............................................................................. ........................... ........................... 2–A ................... Open decks or enclosed promenades ...................................... ........................... None required. None required. 1 for each 2,500 sq ft or fraction thereof located in vicinity of the exits, except that none are required for spaces under 500 sq ft. None required. Service Spaces Galleys ....................................................................................... 40–B:C ............. Main pantries ............................................................................. 2–A ................... Motion picture booths and film lockers ...................................... Paint and lamp rooms ............................................................... Inaccessible baggage, mail, and specie rooms, and storerooms. Accessible baggage, mail, and specie rooms, and storerooms 10–B:C 3 ........... 40–B ................. ........................... Refrigerated storerooms ............................................................ 2–A ................... Carpenter, valet, photographic, printing shops sales rooms, etc. 2–A ................... 2–A ................... 1 for each 2,500 sq ft or fraction thereof suitable for hazards involved. 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits. 1 outside in the vicinity of the exit. 1 outside space in the vicinity of the exit. None required. 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, outside the spaces. 1 outside the space in the vicinity of the exit. Machinery Spaces Coal-fired boilers: Bunker and boiler space .............................. Oil-fired boilers: Spaces, containing oil fired boilers, either main or auxiliary, or their fuel oil units. Internal combustion or gas turbine propelling machinery spaces. Electric propulsive motors or generators of open type ............. Enclosed ventilating systems for motors and generators of electric propelling machinery. Auxiliary spaces, internal combustion or gas turbine ................ Auxiliary spaces, electric emergency motors or generators ..... Auxiliary spaces, steam ............................................................. Trunks to machinery spaces ..................................................... Fuel tanks .................................................................................. ........................... 40–B ................. None required. 2 required.3 160–B ............... 40–B ................. 120–B ............... 40–B:C ............. ........................... 1 required.4 1 for each 1,000 brake horsepower, but not less than 2 or more than 6. 1 required.5 1 for each propulsion motor or generator unit. None required. 40–B ................. 40–B:C ............. ........................... ........................... ........................... 1 outside the space in the vicinity of the exit.6 1 outside the space in the vicinity of the exit.6 None required. None required. None required. ehiers on DSK5VPTVN1PROD with RULES2 Cargo Spaces Inaccessible during voyage, including trunks (excluding tanks) Accessible during voyage .......................................................... Vehicular spaces (covered by a sprinkler system) .................... Vehicular spaces (not covered by a sprinkler system) ............. Cargo oil tanks ........................................................................... ........................... 2–A ................... 40–B ................. 40–B ................. ........................... None required. 1 for each 1,200 sq ft or fraction thereof. 1, plus 1 for each 6,000 sq ft or fraction thereof. 1, plus 1 for each 1,500 sq ft or fraction thereof.7 None required. Spare Units 2–A ................... 40–B ................. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 10 percent of the required number for public spaces rounded up. 10 percent of the required number for cargo spaces rounded up. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 48261 TABLE 76.50—10(a)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS—Continued Fire extinguishing Space Minimum required rating 40–B:C ............. Quantity and location 1. 1 In any case, on vessels of 150 feet (45.72 meters) in length and over, there must be at least two 2–A units on each passenger deck. 2 For vessels on an international voyage, substitute 1 20–B:C in the vicinity of the exit. 3 Vessels of less than 1,000 GT and not on an international voyage require 1. 4 Vessels of less than 1,000 GT and not on an international voyage may substitute 1 160–B. 5 If an oil-burning donkey boiler is fitted in the space, the 160–B previously required for the protection of the boiler room may be substituted. Not required on vessels of less than 300 GT if the fuel has a flashpoint of 110 °F or lower except those on an international voyage. 6 Not required on vessels of less than 300 GT if the fuel has a flashpoint higher than 110 °F. 7 Two 5–B units may be substituted for 1 20–B unit. The location of the equipment must be to the satisfaction of the Officer in Charge, Marine Inspection. Nothing in this paragraph should be construed as limiting the Officer in Charge, Marine Inspection, from requiring such additional equipment as he or she deems necessary for the proper protection of the vessel. (c) Semi-portable fire extinguishing systems must be located in the open so as to be readily seen. (d) If portable fire extinguishers are not located in the open or behind glass so that they may be readily seen, they may be placed in enclosures together with the firehose, provided such enclosures are marked as required by § 78.47–20 of this subchapter. (e) Portable fire extinguishers and their stations must be numbered in accordance with § 78.47–30 of this subchapter. (f) Portable or semi-portable extinguishers, which are required on their nameplates to be protected from freezing, must not be located where freezing temperatures may be expected. § 76.50–15 [Removed] 98. Remove § 76.50–15. ■ 99. Revise § 76.50–20 as follows: ■ a. In the section heading, remove the word ‘‘Semiportable’’ and add, in its place, the word ‘‘Semi-portable’’; ■ b. In paragraphs (a) and (b), remove the text ‘‘size III, IV, and V’’ and add, in its place, the text ‘‘semi-portable’’; and ■ c. Add paragraph (c) to read as follows: ■ § 76.50–20 Semi-portable fire extinguishers. ehiers on DSK5VPTVN1PROD with RULES2 * * * * * (c) Each semi-portable extinguisher must be fitted with a suitable hose and nozzle, or other practicable means, so that all areas of the space can be protected. ■ 100. Add § 76.50–80 to read as follows: § 76.50–80 Locations and number of fire extinguishers required for vessels constructed prior to January 18, 2017. (a) Vessels contracted for prior to January 18, 2017, must meet the following requirements: (1) Previously installed extinguishers with extinguishing capacities smaller VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 than are required in Table 76.50–10(a) of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection; and (2) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. (b) [Reserved] PART 78—OPERATIONS 104. Amend § 90.01–1 by adding, at the end of the section, a sentence to read as follows: ■ § 90.01–1 Purpose of regulations. * * * The regulations in this subchapter (parts 90, 91, 92, 93, 95, 96, 97, 98, and 105) have preemptive effect over State or local regulation within the same fields. PART 91—INSPECTION AND CERTIFICATION ■ 105. The authority citation for part 91 continues to read as follows: Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46 U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. ■ 101. The authority citation for part 78 continues to read as follows: 106. Add § 91.25–7 to read as follows: 102. Revise § 78.47–13 to read as follows: ■ § 78.47–13 Fire and automatic sprinkler alarm indicators. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, ■ (a) The fire detection, alarm, and automatic sprinkler indicators in the engine room must be identified by at least 1-inch red lettering as ‘‘FIRE ALARM’’ or ‘‘SPRINKLER ALARM’’ as appropriate. Where such alarm indicators on the bridge or in the fire control station do not form a cabinet, the indicators must be suitably identified as above. (b) [Reserved] PART 90—GENERAL PROVISIONS 103. The authority citation for part 90 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Sections 90.05–20 and 90.10–40 also issued under sec. 617, Pub. L. 111–281, 124 Stat. 2905. PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 § 91.25–7 E:\FR\FM\22JYR2.SGM Incorporation by reference. 22JYR2 48262 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations effective December 5, 2009, IBR approved for § 91.25–20(a). (2) [Reserved] § 91.25–20 [Amended] 107. Amend § 91.25–20 as follows: a. Revise paragraph (a)(1); and b. In paragraphs (a)(2) through (4), remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’. The revision reads as follows: ■ ■ ■ § 91.25–20 Fire extinguishing equipment. (a) * * * (1) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 91.25–7) as amended here: (i) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (ii) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (iii) Non-rechargeable or nonrefillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-incharge, or a designated member of the crew. (iv) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. * * * * * PART 92—CONSTRUCTION AND ARRANGEMENT ehiers on DSK5VPTVN1PROD with RULES2 Authority: 46 U.S.C. 3306; E.0. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 109. Revise § 92.01–2(b)(1) to read as follows: * * Incorporation by reference. * VerDate Sep<11>2014 * * 15:24 Jul 21, 2016 Jkt 238001 [Amended] 110. Amend § 92.07–1 as follows: a. In paragraph (a)— i. After the text ‘‘of § 92.07–90,’’, remove the word ‘‘shall’’; ■ ii, After the text ‘‘4,000 gross tons’’, remove the words ‘‘and over’’ and add, in their place, the words ‘‘or more’’; and ■ iii. After the text ‘‘to January 1, 1962,’’ remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ b. In paragraph (b)— ■ i. After the text ‘‘of § 92.07–90,’’ remove the word ‘‘shall’’; ■ ii. After the text ‘‘300 gross tons’’, remove the words ‘‘and over’’ and add, in their place, the words ‘‘or more’’; and ■ iii. After the text ‘‘to July 1, 1968,’’ remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ c. Revise paragraph (c) to read as follows: ■ ■ ■ § 92.07–1 Application. * * * * * (c) Vessels meeting the structural fire protection requirements of SOLAS, Chapter II–2, Regulations 5, 6, 8, 9, and 11 (incorporated by reference, see § 92.01–2), may be considered equivalent to the provisions of this subpart. PART 95—FIRE PROTECTION EQUIPMENT 111. The authority citation for part 95 continues to read as follows: ■ Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 112. Amend § 95.01–1 as follows: a. Revise the section heading; b. In paragraph (a), remove the word ‘‘shall’’; and ■ c. Revise paragraph (b). The revisions read as follows: ■ ■ ■ General. * 108. The authority citation for part 92 continues to read as follows: § 92.01–2 § 92.07–1 § 95.01–1 ■ ■ (b) * * * (1) International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum, IBR approved for § 92.07–1(c). * * * * * * * * * (b) Equipment installed prior to August 22, 2016 as required by this paragraph (b) may remain in service so long as it is maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. ■ 113. In § 95.01–2— ■ a. Redesignate paragraph (c) as (d); ■ b. Add new paragraphs (c) and (e); and ■ c. Revise redesignated paragraph (d). PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 The revision and additions read as follows. § 95.01–2 Incorporation by reference. * * * * * (c) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) FSS Code, International Code for Fire Safety Systems, Second Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for § 95.05–3(a) and (b). (2) [Reserved] (d) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for § 95.30–1. (2) [Reserved] (e) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 19, Standard for Safety for Lined Fire Hose and Hose Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved for § 95.10– 10(n). (2) [Reserved] 114. Amend § 95.01–5 as follows: a. In paragraph (a), after the words ‘‘Where fire’’, remove the words ‘‘detecting or’’, and remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ b. Add paragraph (b) to read as follows: ■ ■ § 95.01–5 required. Equipment installed but not * * * * * (b) Use of non-approved fire detection systems may be acceptable as excess equipment provided that— (1) Components are listed and labeled by an independent, nationally recognized testing laboratory as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Subpart 95.05—Fire Detection and Extinguishing Equipment 115. Revise the heading of subpart 95.05 to read as shown above. ■ 116. Revise § 95.05–1 to read as follows: ■ § 95.05–1 Fire detection, manual alarm, and supervised patrol systems. (a) Fire detection, manual alarm, and supervised patrol systems are not required except in special cases; but if installed, the systems must meet the applicable requirements of 46 CFR, part 76 of subchapter H (Passenger Vessels) of this chapter. (b) In each compartment containing explosives, and in adjacent cargo compartments, there must be provided a smoke detection system. When used, sample extraction smoke detection systems must meet the requirements in § 95.05–3. (c) Enclosed spaces that are ‘‘specially suitable for vehicles’’ must be fitted with a fire detection and alarm system. ■ 117. Add § 95.05–3 to read as follows: § 95.05–3 Sample extraction smoke detection systems. (a) For vessels contracted for on or after January 18, 2017, a sample extraction smoke detection system must be installed in accordance with chapter 10 of the FSS Code (incorporated by reference, see § 95.01–2). (b) Periodically, the FSS Code defers to ‘‘the Administration.’’ For U.S. flag vessels, ‘‘the Administration’’ is the United States Coast Guard. The following requirements are provided for the provisions of Chapter 10 that defer to the Administration: (1) For sequential scanning systems under FSS Code, chapter 10, paragraph 2.1.2, a satisfactory overall response time will be achieved by limiting the maximum allowable interval to 2 minutes. (2) Under the FSS Code, chapter 10, paragraph 2.2.2, fans of sufficient capacity to provide a satisfactory overall response time will signal an alarm within 3 minutes upon introduction of smoke at the most remote accumulator on a vehicle deck and within 5 minutes upon introduction of smoke at the most remote accumulator in container and general cargo holds. (3) Means provided to isolate smoke accumulators from liquid or refrigerated cargoes must be to the satisfaction of the Commanding Officer of the U.S. Coast Guard Marine Safety Center. (4) Notwithstanding anything to the contrary in FSS Code chapter 10, periodic testing of sample extraction smoke detection systems must be conducted as part of the annual inspection and include inspection of all 48263 piping, valves, controls and alarms, and by introduction of smoke into the accumulators. § 95.10–5 [Amended] 118. Amend § 95.10–5 as follows: a. In paragraphs (a), (c), (d), (e), and (g), remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. Revise Table 95.10–5(a); ■ c. In paragraph (b)— ■ i. After the words ‘‘On vessels of 1,000 gross tons’’, remove the words ‘‘and over’’ and add, in their place, the words ‘‘or more’’; ■ ii. After the words ‘‘paragraph (c) of this section,’’, remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ iii. After the words ‘‘However, in no case’’, remove the word ‘‘shall’’ and add, in its place, the word ‘‘may’’; ■ iv. In paragraph (h), after the words ‘‘propulsion machinery, where’’, remove the number ‘‘2’’ and add, in its place, the word ‘‘two’’, and after the words ‘‘the installation of a total flooding’’, remove the words ‘‘carbon dioxide’’ and add, in their place, the words ‘‘fixed fire extinguishing’’. The revision reads as follows: ■ ■ § 95.10–5 * Fire pumps. * * * * TABLE 95.10–5(a)—FIRE PUMP SYSTEM REQUIREMENTS Gross tons Minimum number of pumps Over Not over .......................................................................................... 100 ....................................................................................... 1,000 .................................................................................... 1,500 .................................................................................... 100 1,000 1,500 ........................ Hose and hydrant size, inches Nozzle orifice size, inches Length of hose, feet 11 1 11⁄2 1 1⁄2 1 50 1 2 2 11⁄2 1 1 ⁄2 2 21⁄2 ⁄ 5⁄8 2 7⁄8 50 50 2 50 58 1 On vessels of 65 feet (19.8 meters) in length or less, 3⁄4-inch hose of a good commercial grade together with a commercial garden hose nozzle may be used. The pump may be hand operated and the length of hose must be sufficient to assure coverage of all parts of the vessel. 2 A 11⁄2 inch hose that is 75 feet (22.86 meters) in length with a 5⁄8-inch nozzle may be used where specified by § 95.10–10(b) of this subpart for interior locations and 50 feet (15.24 meters) of 11⁄2 inch hose may be used in exterior locations on vessels in other than ocean or coastwise service. For vessels on ocean or coastwise service, two 11⁄2 inch outlets, each provided with one 11⁄2 inch hose supplied through a wye connection may be substituted. * * * * * 119. Amend § 95.10–10 as follows: a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. Remove the words ‘‘Fire hose’’ or ‘‘fire hose’’ wherever they appear and add, in their place, the word ‘‘Firehose’’ or ‘‘firehose’’; ■ c. Revise paragraph (b); ■ d. In paragraph (c), remove the words ‘‘and over’’ wherever they appear and add, in their place, the words ‘‘or more’’; and ■ ehiers on DSK5VPTVN1PROD with RULES2 ■ VerDate Sep<11>2014 15:24 Jul 21, 2016 e. In paragraph (g), after the words ‘‘at least one length of firehose, a spanner’’, add the word ‘‘wrench’’. ■ The revision reads as follows: ■ Jkt 238001 § 95.10–10 Fire hydrants and hose. * * * * * (b) Instead of the 21⁄2-in hose and hydrants specified in Table 95.10–5(a) of this subpart, on vessels of more than 1,500 gross tons: (1) The hydrants in interior locations may have wye connections for 11⁄2-in hoses. In these cases, the hose must be 75 ft in length, and only one hose is required at each fire station; however, if PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 all such stations can be satisfactorily served with 50-ft lengths, a 50-ft hose may be used; and (2) The hydrants for exterior locations may substitute two 11⁄2 in outlets, each with a 11⁄2-in hose, supplied through a wye connection. * * * * * ■ 120. Revise § 95.30–1 to read as follows: § 95.30–1 Application. Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 (incorporated by reference, see § 95.01– 2). E:\FR\FM\22JYR2.SGM 22JYR2 48264 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (c) Vessels contracted for prior to November 19, 1952, must meet the requirements of § 95.50–90. 121. Revise § 95.50–1 to read as follows: ■ § 95.50–1 Application. (a) The provisions of this subpart, with the exception of §§ 95.50–80 and 95.50–90, as applicable, apply to all vessels, other than unmanned barges and fishing vessels, contracted for on or after November 19, 1952. (b) Vessels contracted for prior to August 22, 2016 and on or after November 19, 1952, must meet the requirements of § 95.50–80. § 95.50–5 [Removed and Reserved] 122. Remove and reserve § 95.50–5. 123. Revise § 95.50–10 to read as follows: ■ ■ § 95.50–10 Location. (a) Approved portable fire extinguishers and semi-portable fire extinguishing systems must be installed in accordance with Table 95.50–10(a) of this section. The location of the equipment must be to the satisfaction of the Officer in Charge, Marine Inspection. Nothing in this paragraph should be construed as limiting the Officer in Charge, Marine Inspection, from requiring such additional equipment as he or she deems necessary for the proper protection of the vessel. (b) Table 95.50–10(a) indicates the minimum required number and type of extinguisher for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. TABLE 95.50–10(a)—PORTABLE FIRE EXTINGUISHER AND SEMI-PORTABLE FIRE EXTINGUISHING SYSTEMS Minimum required rating Space Quantity and location Safety Areas 1 Wheelhouse or fire control room ............................................... Stairway and elevator enclosures ............................................. Communicating corridors. .......................................................... ........................... ........................... 2–A ................... Lifeboat embarkation and lowering stations .............................. Radio room ................................................................................ ........................... 20–B:C 2 ........... None required. None required. 1 in each main corridor not more than 150 ft apart. (May be located in stairways.) None. 2 required in the vicinity of the exit.2 Accommodations 1 Staterooms, toilet spaces, public spaces, offices, lockers, isolated storerooms, pantries, open decks, etc. ........................... None required. Service Spaces 1 Galleys ....................................................................................... 40–B:C ............. Paint and lamp rooms ............................................................... Accessible baggage, mail, specie rooms, and storerooms ....... 40–B ................. 2–A ................... Carpenter shop and similar spaces ........................................... 2–A ................... 1 for each 2,500 sq ft or fraction thereof suitable for hazards involved. 1 outside space in the vicinity of the exit. 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. 1 outside the space in the vicinity of the exit. Machinery Spaces Coal-fired boilers: Bunker and boiler space .............................. Oil-fired boilers: Spaces containing oil-fired boilers, either main or auxiliary, or their fuel-oil units. Internal combustion or gas turbine propelling machinery spaces. Electric propulsive motors or generators of an open type ........ Enclosed ventilating systems for motors and generators of electric propelling machinery. ........................... 40–B ................. 160–B ............... 40–B ................. 120–B ............... 40–B:C ............. ........................... None required. 2 required.3 1 required.4 1 for each 1,000 brake horsepower; not less than 2 but not more than 6.5 1 required.6 7 1 for each propulsion motor or generator unit. None required. Auxiliary Spaces Internal combustion or gas turbine ............................................ Electric emergency motors or generators ................................. Steam ......................................................................................... Trunks to machinery spaces ..................................................... Fuel tanks .................................................................................. 40–B ................. 40–B:C ............. ........................... ........................... ........................... 1 outside the space in the vicinity of the exit.7 1 outside the space in the vicinity of the exit.8 None required. None required. None required. ehiers on DSK5VPTVN1PROD with RULES2 Cargo Spaces Inaccessible during voyage, including trunks and cargo tanks Accessible during voyage .......................................................... ........................... ........................... None required. None required. Spare Units 2–A ................... 40–B:C ............. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 10 percent of the total number required rounded up. 10 percent of the total number required rounded up. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 48265 TABLE 95.50–10(a)—PORTABLE FIRE EXTINGUISHER AND SEMI-PORTABLE FIRE EXTINGUISHING SYSTEMS—Continued Minimum required rating Space 20–B:C ............. Quantity and location 1 1 For motorboats, the total number of portable fire extinguishers required for safety areas, accommodation spaces, and service spaces must be one 20–B for motorboats of less than 50 GT and two 20–B ratings for motorboats of 50 GT or more. 2 For vessels on an international voyage, substitute one 20–C in the vicinity of the exit. 3 Vessels of less than 1,000 gross tons require one. 4 Vessels of less than 1,000 gross tons may substitute one 160–B. 5 Only one is required for motorboats. 6 If an oil-burning donkey boiler fitted in space, the 160–B previously required for the protection of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed. 7 Not required on vessels of less than 300 gross tons if the fuel has a flashpoint higher than 110 °F. 8 Not required on vessels of less than 300 gross tons. (c) Semi-portable fire extinguishing systems must be located in the open so as to be readily seen. (d) If portable fire extinguishers are not located in the open or behind glass so that they may be readily seen, they may be placed in enclosures together with the firehose, provided such enclosures are marked as required by § 97.37–15 of this subchapter. (e) Portable fire extinguishers and their stations must be numbered in accordance with § 97.37–23 of this subchapter. (f) Portable or semi-portable extinguishers, which are required on their nameplates to be protected from freezing, must not be located where freezing temperatures may be expected. § 95.50–15 [Removed] 124. Remove § 95.50–15. ■ 125. Amend § 95.50–20 as follows: ■ a. Revise the section heading; ■ b. In paragraph (a), remove the text ‘‘size III, IV, and V’’ and add, in its place, the text ‘‘semi-portable’’; ■ c. In paragraph (b), remove the text ‘‘size III, IV, or V’’ and add, in its place, the text ‘‘semi-portable’’; and ■ d. Add paragraph (c). The revision and addition read as follows: ■ § 95.50–20 Semi-portable fire extinguishers. * * * * (c) Semi-portable extinguishers must be fitted with suitable hoses and nozzles, or other practicable means, so that all areas of the space can be protected. ■ 126. Add § 95.50–80 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 * § 95.50–80 Location and number of fire extinguishers required for vessels constructed prior to August 22, 2016. (a) Vessels contracted for prior to August 22, 2016 must meet the following requirements: (1) Previously installed extinguishers with extinguishing capacities smaller VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 than what is required in table 95.50– 10(a) of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (2) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. (b) [Reserved] PART 107—INSPECTION AND CERTIFICATION 127. The authority citation for part 107 continues to read as follows: ■ Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316; Department of Homeland Security Delegation No. 0170.1; § 107.05 also issued under the authority of 44 U.S.C. 3507. 128. Revise § 107.01 to read as follows: ■ § 107.01 Purpose of subchapter. This subchapter prescribes rules for the design, construction, equipment, inspection and operation of mobile offshore drilling units operating under the U.S. flag. The regulations in this subchapter (parts 107 through 109) have preemptive effect over State or local regulation within the same fields. ■ 129. In § 107.235— ■ a. Revise the section heading and paragraph (a); and ■ b. Remove Table 107.235. The revision read as follows: § 107.235 Servicing of portable fire extinguishers, semi-portable fire extinguishers and fixed fire extinguishing systems. (a) Except as provided in the following paragraphs, portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009. The Director of the Federal Register approves this PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. You may inspect a copy at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (1) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (2) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (3) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (4) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the E:\FR\FM\22JYR2.SGM 22JYR2 48266 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations necessary maintenance procedures were conducted. * * * * * PART 108—DESIGN AND EQUIPMENT 130. The authority citation for part 108 continues to read as follows: ■ Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of Homeland Security Delegation No. 0170.1. 131. Revise § 108.101 to read as follows: ■ § 108.101 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593– 7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, 877–909– 2786, https://www.astm.org. (1) ASTM D 93–97, Standard Test Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR approved for § 108.500(b). (2) ASTM F 1014–92, Standard Specification for Flashlights on Vessels, IBR approved for § 108.497(b). (3) ASTM F1121–87 (Reapproved 2010), Standard Specification for International Shore Connections for Marine Fire Applications, (approved March 1, 2010), IBR approved for § 108.427(a). (c) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Lifesaving Appliances and Arrangements, 17 November 1983, IBR approved for § 108.105(c). (2) Resolution A.649(16), Code for the Construction and Equipment of Mobile Offshore Drilling Units (MODU Code),19 October 1989 with amendments of June 1991, IBR approved for § 108.503. (3) Resolution A.658(16), Use and Fitting of Retro-reflective Materials on Life-saving Appliances, 20 November 1989, IBR approved for §§ 108.645(a) and 108.649(a) and (e). (4) Resolution A.760(18), Symbols Related to Life-saving Appliances and Arrangements, 17 November 1993, IBR approved for §§ 108.646(a), 108.647, 108.649(b), (d), (f), and (g), and 108.655(e). (d) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for § 108.430. (2) [Reserved] § 108.405 [Amended] 132. In§ 108.405(a)(1), after the words ‘‘Be approved by the Commandant’’ add ■ the words ‘‘in accordance with 46 CFR 161.002’’. ■ 133. Revise § 108.430 to read as follows: § 108.430 General. Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 (incorporated by reference, see § 108.101). ■ 134. Revise § 108.491 to read as follows: § 108.491 General. (a) Each portable and semi-portable fire extinguisher on a unit must be approved under subpart 162.028 or 162.039 of this chapter. (b) Vessels contracted for prior to August 22, 2016 must meet the following requirements: (1) Previously installed extinguishers with extinguishing capacities smaller than what is required in Table 108.495 of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (2) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. ■ 135. Revise § 108.495 to read as follows: § 108.495 Locations and number of fire extinguishers required. Table 108.495 of this section indicates the minimum required number and type of fire extinguishers for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. TABLE 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS Minimum required rating Space Quantity and location Safety Areas Wheelhouse and control room .................................................. Stairway and elevator enclosure ............................................... Corridors .................................................................................... 20–B:C ............. ........................... 2–A ................... Lifeboat embarkation and lowering stations .............................. Radio room ................................................................................ ........................... 10–B:C ............. 2 in the vicinity of the exit. None required. 1 in each corridor not more than 150 ft (45 m) apart. (May be located in stairways.) None required. 2 in the vicinity of the exit. ehiers on DSK5VPTVN1PROD with RULES2 Accommodations Staterooms, toilet spaces, public spaces, offices, lockers, small storerooms, pantries, open decks, and similar spaces. ........................... None required. Service Spaces Galleys ....................................................................................... 40–B:C ............. Paint and lamp rooms ............................................................... 40:B .................. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suitable for the hazards involved. 1 outside each room in the vicinity of the exit. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 48267 TABLE 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS—Continued Space Minimum required rating Quantity and location Storerooms ................................................................................ 2–A ................... Workshop and similar spaces ................................................... 20B:C ............... 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. 1 outside each space in the vicinity of the exit. Machinery Spaces Oil-fired boilers: Spaces containing oil-fired boilers, either main or auxiliary, or their fuel oil units. Internal combustion or gas turbine propelling machinery spaces. Motors or generators of electric propelling machinery that do not have an enclosed ventilating system. Motors and generators of electric propelling machinery that have enclosed ventilating systems. 40–B ................. 2 required in each space. 160–B ............... 40–B ................. 120–B ............... 40–B:C ............. 1 required in each space. See note 1. 1 for each 1,000 brake horsepower but not less than 2 and not more than 6 in each space. 1 required in each space. See note 1. 1 for each motor or generator. ........................... None required. Auxiliary Spaces Internal combustion engines or gas turbine .............................. 40–B ................. Electric emergency motors or generators ................................. 40–B:C ............. Steam driven auxiliary machinery ............................................. Trunks to machinery spaces ..................................................... Fuel tanks .................................................................................. Outside the space containing engines or turbines in the vicinity of the exit. 1 outside the space containing motors or generators in the vicinity of the exit. None required. None required. None required. ........................... ........................... ........................... Miscellaneous Areas Helicopter landing decks ........................................................... Helicopter fueling facilities ......................................................... Drill floor ..................................................................................... Cranes with internal combustion engines ................................. 160–B ............... 160–B ............... 40–B:C ............. 40–B:C ............. 1 1 2 1 at each access route. at each fuel transfer facility. See note 2. required. required. Spare Units 2–A ................... 40–B:C ............. 1 Not 2 Not required where a fixed gas extinguishing system is installed. required where a fixed foam system is installed in accordance with § 108.489 of this subpart. 136. In § 108.496— a. Revise the section heading; b. In paragraph (a), remove the text ‘‘size III, IV, and V’’ and add, in its place, the text ‘‘semi-portable’’; and after the words ‘‘except a wheeled’’, remove the words ‘‘size V’’ and add, in their place, the word ‘‘semi-portable’’; ■ c. In paragraph (b) introductory text, remove the word ‘‘semiportable’’ and add, in its place, the word ‘‘semiportable’’; ■ d. In paragraph (b)(1), remove the text ‘‘size V’’; ■ e. In paragraph (b)(2), remove the text ‘‘size III, IV, and V’’; and ■ f. Add paragraph (c). The revision and addition read as follows: ■ ■ ■ ehiers on DSK5VPTVN1PROD with RULES2 10 percent of the total required rounded up. 10 percent of the total required rounded up. § 108.496 Semi-portable fire extinguishers. * * * * * (c) Semi-portable extinguishers must be fitted with suitable hoses and nozzles, or other practicable means, so VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 that all areas of the space can be protected. PART 113—COMMUNICATION AND ALARM SYSTEMS AND EQUIPMENT 137. The authority citation for part 113 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security Delegation No. 0170.1. 138. Revise § 113.05–7 to read as follows: ■ § 113.05–7 Environmental tests. (a) Communication, alarm system, control, and monitoring equipment, with the exception of fire and smoke detection and alarm systems, must meet the environmental tests of— (1) Section 4–9–7, Table 9, of ABS Steel Vessel Rules (incorporated by reference, see § 110.10–1 of this chapter) or the applicable ENV category of Lloyd’s Register Type Approval PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 System—Test Specification Number 1 (incorporated by reference, see § 110.10–1); and (2) IEC 60533 (incorporated by reference, see § 110.10–1 of this chapter) as appropriate. (b) Components of smoke detection and alarm systems must be tested in accordance with 46 CFR 161.002. PART 114—GENERAL PROVISIONS 139. The authority citation for part 114 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security Delegation No. 0170.1; § 114.900 also issued under 44 U.S.C. 3507. 140. Revise § 114.100 to read as follows: ■ § 114.100 Purpose. The purpose of this subchapter is to implement applicable sections of E:\FR\FM\22JYR2.SGM 22JYR2 48268 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Subtitle II of Title 46, United States Code, which require the inspection and certification of small passenger vessels. The regulations in this subchapter (parts 114 through 122) have preemptive effect over State or local regulations within the same fields. ■ 141. Amend § 114.400(b) to revise the definition of the term ‘‘Open to the atmosphere’’ to read as follows: § 114.400 Definitions of terms used in this subchapter. * * * * * (b) * * * Open to the atmosphere means a compartment that has at least 0.342 square meters of open area directly exposed to the atmosphere for each cubic meter (15 square inches for each cubic foot) of net compartment volume. * * * * * ■ 142. Revise § 114.600 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 § 114.600 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Operating and Environmental Standards (CG–OES), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593– 7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 10, Annapolis, MD 21403, 410–990–4460, https://www.abycinc.org. (1) A–1–93—Marine Liquefied Petroleum Gas (LPG) Systems, IBR approved for § 121.240(a), (c), (d), and (g). (2) A–3–93—Galley Stoves, IBR approved for § 121.200. (3) A–7–70—Boat Heating Systems, IBR approved for § 121.200. (4) A–22–93—Marine Compressed Natural Gas (CNG) Systems, IBR approved for § 121.240(b) through (e). (5) H–25–94—Portable Gasoline Fuel Systems for Flammable Liquids, IBR approved for § 119.458(b). VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (6) P–1–93—Installation of Exhaust Systems for Propulsion and Auxiliary Engines, IBR approved for §§ 116.405, 119.425(c) and 119.430(k). (c) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, 281–877– 5800, https://ww2.eagle.org. (1) Rules for Building and Classing Aluminum Vessels, 1975, IBR approved for § 116.300(b). (2) Rules for Building and Classing Steel Vessels, 1995, IBR approved for §§ 119.410 and 120.360(a). (3) Rules for Building and Classing Steel Vessels Under 61 Meters (200 Feet) in Length, 1983, IBR approved for § 116.300(a) and (b). (4) Rules for Building and Classing Steel Vessels for Service on Rivers and Intracoastal Waterways, 1995, IBR approved for § 116.300(c). (5) Guide for High Speed Craft, 1997, IBR approved for § 116.300(b). (d) American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036, 212–642–4900, https://www.ansi.org. (1) A 17.1–1984, including supplements A 17.1a and b–1985, Safety Code for Elevators and Escalators, IBR approved for § 120.540. (2) B 31.1–1986, Code for Pressure Piping, Power Piping, IBR approved for § 119.715. (3) Z 26.1–1977, including 1980 supplement, Safety Glazing Materials For Glazing Motor Vehicles Operating on Land Highways, IBR approved for § 116.1030(b). (e) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, 877–909– 2786, https://www.astm.org. (1) ASTM B 96–93, Standard Specification for Copper-Silicon Alloy Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure Vessels, IBR approved for § 119.440(a). (2) ASTM B 117–97, Standard Practice for Operating Salt Spray (Fog) Apparatus, IBR approved for § 114.400(b). (3) ASTM B 122/B 122M–95, Standard Specification for CopperNickel-Tin Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and CopperNickel Alloy Plate, Sheet, Strip, and Rolled Bar, IBR approved for § 119.440(a). (4) ASTM B 127–98, Standard Specification for Nickel-Copper Alloy (UNS NO4400) Plate, Sheet, and Strip, IBR approved for § 119.440(a). (5) ASTM B 152–97a, Standard Specification for Copper Sheet, Strip, Plate, and Rolled Bar, IBR approved for § 119.440(a). (6) ASTM B 209–96, Standard Specification for Aluminum and PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 Aluminum-Alloy Sheet and Plate, IBR approved for § 119.440(a). (7) ASTM D 93–97, Standard Test Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR approved for § 114.400(b). (8) ASTM D 635–97, Standard Test Method for Rate of Burning and/or Extent and Time of Burning of Plastics in a Horizontal Position, IBR approved for § 119.440(a). (9) ASTM D 2863–95, Standard Test Method for Measuring the Minimum Oxygen Concentration to Support Candle-like Combustion of Plastics (Oxygen Index), IBR approved for § 119.440(a). (10) ASTM E 84–98, Standard Test Method for Surface Burning Characteristics of Building Materials, IBR approved for §§ 116.405(f), 116.422(b), and 116.423(a). (11) ASTM E 648–97, Standard Test Method for Critical Radiant Flux of Floor-Covering Systems Using a Radiant Heat Energy Source, IBR approved for §§ 114.400(b) and 116.423(a). (12) ASTM E 662–97, Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials, IBR approved for §§ 114.400(b) and 116.423(a). (f) Institute of Electrical and Electronics Engineers, Inc. (IEEE), IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 800–678–4333, https://www.ieee.org. (1) Standard 45–1977—Recommended Practice for Electrical Installations on Shipboard, IBR approved for § 120.340(o). (2) [Reserved] (g) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum, IBR approved for § 116.400(c). (2) Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel LifeSaving Appliances and Arrangements, dated 17 November 1983, IBR approved for § 114.540(c). (3) Resolution A.658(16), Use and Fitting of Retro-Reflective Materials on Life-Saving Appliances, dated 20 November 1989, IBR approved for § 122.604(h) and (i). (4) Resolution A.688(17), Fire Test Procedures For Ignitability of Bedding Components, dated 06 November 1991, IBR approved for § 116.405(j). (5) Resolution A.760(18), Symbols Related to Life-Saving Appliances and E:\FR\FM\22JYR2.SGM 22JYR2 ehiers on DSK5VPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Arrangements, dated 17 November 1993, IBR approved for § 122.604(f). (h) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 115.810(b). (2) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for §§ 116.439(d) and (e), and 116.440(c). (3) NFPA 17–1994, Dry Chemical Extinguishing Systems, 1994 Edition, IBR approved for § 118.425(b). (4) NFPA 17A–1994, Wet Chemical Extinguishing Systems, 1994 Edition, IBR approved for § 118.425(b). (5) NFPA 70–1996, National Electrical Code (NEC), 1996 Edition, (i) Section 250–95, IBR approved for § 120.372(c), (ii) Section 310–13, IBR approved for § 120.340(d), (iii) Section 310–15, IBR approved for § 120.340(o), (iv) Article 430, IBR approved for § 120.320(e), (v) Article 445, IBR approved for § 120.320(d). (6) NFPA 92B–1995, Smoke Management Systems in Malls, Atria, and Large Areas, 1995 Edition, IBR approved for § 116.440(d). (7) NFPA 261–1994, Test For Determining Resistance of Mock-up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes, 1994 Edition, IBR approved for §§ 114.400(b) and 116.423. (8) NFPA 302–1994, Pleasure and Commercial Motor Craft, Chapter 6, 1994 Edition, IBR approved for §§ 121.200 and 121.240(a) through (c), (e) and (g). (9) NFPA 306–1993, Control of Gas Hazards on Vessels, 1993 Edition, IBR approved for § 115.710(a). (10) NFPA 701–1996, Fire Tests for Flame-Resistant Textiles and Films, 1996 Edition, IBR approved for § 116.423(a). (11) NFPA 1963–1993, Fire Hose Connections, 1993 Edition, IBR approved for § 118.320(b). (i) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 1399, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 19, Standard for Safety for Lined Fire Hose and Hose Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved for 118.320(b). (2) UL 174–1989, Household Electric Storage Tank Water Heaters, as VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 amended through June 23, 1994, IBR approved for § 119.320(a). (3) UL 486A–1992, Wire Connectors and Soldering Lugs For Use With Copper Conductors, IBR approved for § 120.340(i). (4) UL 489–1995, Molded-Case Circuit Breakers and Circuit Breaker Enclosures, IBR approved for § 120.380(m). (5) UL 595–1991, Marine Type Electric Lighting Fixtures, IBR approved for § 120.410(d). (6) UL 710–1990, Exhaust Hoods For Commercial Cooking Equipment, as amended through September 16, 1993, IBR approved for § 118.425(a). (7) UL 723–1993, Surface Burning Characteristics of Building Materials, as amended through April 20, 1994, IBR approved for §§ 114.400(b), 116.422(b), 116.423, and 116.425. (8) UL 1056–1989, Fire Test of Upholstered Furniture, IBR approved for § 116.423(a) and (b). (9) UL 1058–1989, Halogenated Agent Extinguishing System Units, as amended through April 19, 1994, IBR approved for § 118.410(g). (10) UL 1102–1992, Non integral Marine Fuel Tanks, IBR approved for § 119.440(a). (11) UL 1104–1981, Marine Navigation Lights, as amended through May 4, 1988, IBR approved for § 120.420. (12) UL 1110–1988, Marine Combustible Gas Indicators, as amended through May 16, 1994, IBR approved for § 119.480. (13) UL 1453–1988, Electric Booster and Commercial Storage Tank Water Heaters, as amended through June 7, 1994, IBR approved for § 119.320(a). (14) UL 1570–1995, Fluorescent Lighting Fixtures, IBR approved for § 120.410(d). (15) UL 1571–1995, Incandescent Lighting Fixtures, IBR approved for § 120.410(d). (16) UL 1572–1995, High Intensity Discharge Lighting Fixtures, IBR approved for § 120.410(d). (17) UL 1573–1995, Stage and Studio Lighting Units, IBR approved for § 120.410(d). (18) UL 1574–1995, Track Lighting Systems, IBR approved for § 120.410(d). PART 115—INSPECTION AND CERTIFICATION 143. The authority citation for part 115 continues to read as follows: ■ Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 48269 144. Amend § 115.810(b)(1) by removing ‘‘Portable Fire Extinguishers’’ from the first sentence and by adding ‘‘(incorporated by reference, see § 114.600 of this chapter)’’ to the first sentence, after the first instance of ‘‘NFPA 10’’. ■ PART 116—CONSTRUCTION AND ARRANGEMENT 145. The authority citation for part 116 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, Department of Homeland Security Delegation No. 0170.1. 146. Amend § 116.400 to add paragraph (c) to read as follows: ■ § 116.400 Application. * * * * * (c) Vessels meeting the structural fire protection requirements of SOLAS, Chapter II–2, Regulations 5, 6, 8, 9, and 11 (incorporated by reference, see § 114.600), may be considered equivalent to the provisions of this subpart. ■ 147. Amend § 116.440 as follows: ■ a. In paragraph (a), remove the text ‘‘(1000 square feet) or 20%’’ and add, in its place, the text ‘‘(1,000 square feet) or 20 percent’’; ■ b. In paragraph (a)(3), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ c. In paragraph (b), remove the text ‘‘§ 76.33’’ and add, in its place, the text ‘‘§ 76.27’’; and ■ d. In paragraph (c), after the words ‘‘an automatic sprinkler system meeting NFPA 13’’, add the words ‘‘(incorporated by reference, see § 114.600)’’. PART 118—FIRE PROTECTION EQUIPMENT 148. The authority citation for part 118 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 149. In § 118.115— a. Revise the section heading; b. In paragraph (a), after the words ‘‘Except as otherwise required by paragraphs’’, remove the words ‘‘(b) and (c) of this section’’ and add, in their place, the words ‘‘(b), (c), and (d) of this section’’; and ■ c. Revise paragraph (d). The revisions read as follows: ■ ■ ■ § 118.115 Applicability to existing vessels. * * * * * (d) For vessels contracted for prior to August 22, 2016, extinguishers with E:\FR\FM\22JYR2.SGM 22JYR2 48270 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations extinguishing capacities smaller than what is required in Table 118.500(a) of this part need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the OCMI. All new equipment and installations must meet the applicable requirements in this subpart for new vessels. ■ 150. Revise § 118.120 to read as follows: § 118.320 Firehoses and nozzles. (a) Fire extinguishing equipment installed on a vessel in excess of the requirements of §§ 118.400 and 118.500 must be designed, constructed, installed, and maintained in a manner acceptable to the Commandant. (b) Use of non-approved fire detection systems may be acceptable as excess equipment provided that: (1) Components are listed and labeled by a nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. ■ 151. In § 118.310— ■ a. Remove the words ‘‘fire hose’’ wherever they appear and add, in their place, the word ‘‘firehose’’; and ■ b. Add paragraph (e) to read as follows: * * * * (b) * * * (1) Be lined commercial firehose that conforms to UL 19 ‘‘Standard for Safety for Lined Fire Hose and Hose Assemblies’’ (incorporated by reference, see § 114.600 of this chapter), or hose that is listed and labeled by an independent laboratory recognized by the Commandant as being equivalent in performance; * * * * * ■ 153. In § 118.400— ■ a. In paragraph (b)(3), remove the text ‘‘B–II’’ and add, in its place, the text ‘‘40–B’’; ■ b. In paragraphs (b)(5)(i), (b)(5)(ii), and (b)(5)(iii), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ c. In paragraph (c) introductory text, after the words ‘‘must be equipped with a’’, remove the words ‘‘fire detecting system’’ and add, in their place, the words ‘‘fire detection and alarm system’’; and after the words ‘‘that is installed in accordance with’’, remove the text ‘‘§ 76.27’’ and add, in its place, the text ‘‘part 76’’; ■ d. In paragraph (d), remove the text ‘‘§ 118.425 of this part’’ and add, in its place, the text ’’ § 118.425’’; ■ e. Revise paragraph (e); ■ f. In paragraph (f), after the words ‘‘a manual alarm system that meets the requirements in’’, remove the text ‘‘§ 76.35’’ and add, in its place, the text ‘‘part 76’’; ■ g. Revise paragraph (g); and ■ h. In paragraph (h), after the words ‘‘that meets the requirements of’’, remove the text ‘‘§ 76.23’’ and add, in its place, the text ‘‘part 76’’. The revisions read as follows: § 118.310 § 118.400 § 118.120 required. Equipment installed but not Fire main and hydrants. * * * * * (e) Spanner wrenches must be provided for each fire hydrant required by this regulation. Existing vessels must comply with this requirement by January 18, 2017. ■ 152. In § 118.320, revise the section heading and paragraph (b)(1) to read as follows: * Where required. * * * * * (e) Except for continuously manned operating stations as allowed by paragraph (f) of this section, each accommodation space, control space, and service space must be fitted with the following systems: (1) A smoke actuated fire detection system of a type approved by the Commandant that is installed in accordance with 46 CFR part 76; and (2) A manual alarm system that meets the requirements in 46 CFR part 76. * * * * * (g) An enclosed vehicle space must be fitted with an automatic sprinkler system that meets the requirements of 46 CFR part 76; and (1) A fire detection system of a type approved by the Commandant that is installed in accordance with 46 CFR part 76; or (2) A smoke detection system of a type approved by the Commandant that is installed in accordance with 46 CFR part 76. § 118.410 [Amended] 154. Amend § 118.410 as follows: a. In paragraph (f)(5)(i), after the words ‘‘must be equal to the gross volume of the system’’, add the words ‘‘in cubic meters’’; remove the number ‘‘160’’ and add, in its place, the number ‘‘0.624’’; remove the number ‘‘192’’ and add, in its place, the number ‘‘0.749’’; and ■ b. In paragraph (f)(6)(i), remove the number ‘‘480’’ and add, in its place, the number ‘‘1.88’’. ■ ■ 155. Revise § 118.500 to read as follows: ■ § 118.500 location. Required number, type, and (a) Each portable fire extinguisher on a vessel must be of a type approved by the Commandant. The minimum number of portable fire extinguishers required on a vessel must be acceptable to the cognizant OCMI, but must be not less than the minimum number required by Table 118.500(a) of this section and other provisions of this section. (b) Table 118.500(a) of this section indicates the minimum required number and type of extinguisher for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. TABLE 118.500(a)—REQUIRED PORTABLE FIRE EXTINGUISHERS ehiers on DSK5VPTVN1PROD with RULES2 Space Minimum required rating Operating station ....................................................................... Machinery space ........................................................................ Open vehicle deck ..................................................................... Accommodation space .............................................................. Galley ......................................................................................... Pantry, concession stand .......................................................... 10–B:C ............. 40–B:C ............. 40–B ................. 2–A ................... 40–B:C ............. 2–A ................... VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 Quantity and location 1. 1 in the vicinity of the exit. 1 for every 10 vehicles. 1 each for each 2,500 sq ft or fraction thereof. 1. 1 in the vicinity of the exit. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (c) A vehicle deck without a fixed sprinkler system and exposed to weather must have one 40–B portable fire extinguisher for every 10 vehicles, located near an entrance to the space. (d) The frame or support of each semiportable fire extinguisher permitted by paragraph (c) of this section must be welded or otherwise permanently attached to a bulkhead or deck. 156. The authority citation for part 122 continues to read as follows: ■ (1) UL 19, Standard for Safety for Lined Fire Hose and Hose Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved for § 132.130. * * * * * PART 125—GENERAL PART 132—FIRE–PROTECTION EQUIPMENT 158. The authority citation for part 125 continues to read as follows: ■ 161. The authority citation for part 132 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. 159. In § 125.100, revise paragraph (f) to read as follows: § 132.210 § 125.100 ■ ■ Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 157. Amend § 122.612 as follows: a. Revise paragraphs (d) and (e); ■ b. Remove paragraph (g); ■ c. Redesignate paragraph (h) as new paragraph (g); and ■ d. In newly redesignated paragraph (g), after the words ‘‘or as otherwise required by the’’, remove the word ‘‘cognizant’’; and following after the words ‘‘installed, that agent’’ remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’. The revisions read as follows: ■ ■ Fire protection equipment. * (e) An indicator for a fire detection and alarm system must be conspicuously marked in clearly legible letters ‘‘FIRE ALARM’’. * * * * * Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. PART 122—OPERATIONS § 122.612 48271 * * * * (d) A manual fire alarm pull station must be conspicuously marked as such in clearly legible letters, and include brief, clear instructions for operation. Applicability. * * * * * (f) The regulations in this subchapter have preemptive effect over State or local regulations in the same field. * * * * * ■ 160. In § 125.180, revise paragraphs (i)(2), (j) introductory text, and (j)(1) to read as follows: § 125.180 Incorporation by reference. * * * * * (i) * * * (2) NFPA 70, National Electrical Code, 2011 Edition, IBR approved for §§ 129.320(e), 129.340(d) and (n), and 129.370(c). * * * * * (j) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. [Removed] 162. Remove § 132.210. 163. Amend § 132.220 as follows: a. In paragraph (a), remove the word ‘‘semiportable’’ and add, in its place, the word ‘‘semi-portable’’; ■ b. Revise Table 132.220; ■ c. Redesignate paragraphs (b) through (f) as paragraphs (c) through (g), respectively; ■ d. Add new paragraph (b); ■ e. In newly redesignated paragraphs (c) and (g), remove the word ‘‘semiportable’’ wherever it appears and add, in its place, the word ‘‘semiportable’’; and ■ f. In newly redesignated paragraph (e), remove the words ‘‘fire hose’’ and add, in their place, the word ‘‘firehose’’. The revision and addition read as follows: ■ ■ § 132.220 * * Installation. * * * TABLE 132.220—REQUIRED PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS Minimum required rating Number and placement Safety areas: Communicating passageways ............................ 2–A ................... Pilothouse .................................................................................. Service spaces: Galleys ............................................................ 20–B:C ............. 40–B:C ............. Paint lockers .............................................................................. Accessible baggage and storerooms ........................................ 40–B ................. 2–A ................... Workshops and similar spaces .................................................. Machinery spaces: Internal-combustion propulsion-machinery 2–A ................... 40–B:C ............. Electric propulsion motors or generators of open type ............. Auxiliary spaces: Internal combustion ....................................... Electric motors and emergency generators .............................. Spares ........................................................................................ ehiers on DSK5VPTVN1PROD with RULES2 Space 120–B ............... 40–B:C ............. 40–B ................. 40–B:C ............. 2–A ................... 40–B:C ............. 1 in each main passageway, not more than 45.7 m (150 ft) apart (permissible in stairways). 2 in the vicinity of the exit. 1 for each 230 sq m (2,500 sq ft) or fraction thereof, suitable for hazards involved. 1 outside space, in the vicinity of the exit. 1 for each 230 sq m (2,500 sq ft) or fraction thereof, located in the vicinity of the exits, either inside or outside spaces. 1 outside space in the vicinity of the exit. 1 for each 1,000 brake horsepower, but not fewer than 2 and more than 6. 1 required.1 2 1 for each propulsion motor or generator unit. 1 outside space in the vicinity of the exit.2 1 outside space in the vicinity of the exit.2 10 percent of the required number rounded up. 10 percent of the required number rounded up. 1 Not 2 Not required where a fixed gaseous fire extinguishing system is installed. required on vessels of less than 300 GT. (b) Table 132.220 of this section indicates the minimum required number and type of extinguishers for each space listed. Extinguishers with VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 larger numerical ratings or multiple letter designations may be used if the PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 extinguishers meet the requirements of the table. * * * * * E:\FR\FM\22JYR2.SGM 22JYR2 48272 § 132.230 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations [Removed and Reserved] PART 147—HAZARDOUS SHIPS’ STORES 164. Remove and reserve § 132.230. 165. Revise § 132.240 to read as follows: ■ ■ 168. The authority citation for part 147 continues to read as follows: ■ § 132.240 Stowage of semi-portable fire extinguishers. The frame or support of each semiportable fire extinguisher must be secured to prevent the extinguisher from shifting in heavy weather. ■ 166. Add § 132.250 to subpart B to read as follows: Vessels contracted for prior to August 22, 2016, must meet the following requirements: (a) Previously installed extinguishers with extinguishing capacities smaller than are required in Table 132.220 of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. ■ 167. Revise § 132.340 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 § 132.340 Equipment installed although not required. (a) A vessel may install fire extinguishing equipment beyond that required by this subchapter, unless the excess equipment in any way endangers the vessel or the persons aboard. This equipment must be listed and labeled by an independent, nationally recognized testing laboratory (NRTL) as that term is defined in 46 CFR 161.002–2, and must be designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance. (b) Use of non-approved fire detection systems may be acceptable as excess equipment, provided that: (1) Components are listed and labeled by an NRTL as that term is defined in 46 CFR 161.002–2, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. 15:24 Jul 21, 2016 Jkt 238001 169. Amend § 147.1 by revising the section heading and paragraph (d) to read as follows: ■ § 147.1 Purpose and applicability. * § 132.250 Locations and number of fire extinguishers required for vessels constructed prior to August 22, 2016. VerDate Sep<11>2014 Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. * * * * (d) The regulations in this subchapter (46 CFR parts 147, 147A, and 148) have preemptive effect over State or local regulations in the same field. ■ 170. In § 147.7— ■ a. Redesignate paragraphs (d) through (f), as paragraphs (e) through (g), respectively; ■ b. Add new paragraph (d); and ■ c. Revise redesignated paragraphs (e), (f), and (g). The addition and revisions read as follows: § 147.7 Incorporation by reference. * * * * * (d) Compressed Gas Association, Inc. (CGA), 14501 George Carter Way, Suite 103, Chantilly, Virginia 20151, 703– 788–2700, https://www.cganet.com. (1) CGA C–6–2007, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Tenth Edition, 2007, IBR approved for § 147.65(b). (2) [Reserved] (e) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 2008 Edition, IBR approved for §§ 147.66(c) and 147.67(c). (2) NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems, 2009 Edition, effective July 18, 2008, IBR approved for § 147.65(b). (f) Public Health Service (PHS), Department of Health and Human Services (DHHS), Superintendent of Documents, U.S. Government Printing Office, 710 North Capitol Street NW., Washington, DC 20401, 866–512–1800, https://www.gpo.gov. (1) DHHS Publication No. PHS 84– 2024, The Ship’s Medicine Chest and Medical Aid at Sea, revised 1984, IBR approved for § 147.105. (2) [Reserved] (g) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 (1) UL 30, Standard for Metal Safety Cans, 7th Ed., revised March 3, 1987, (‘‘UL 30’’), IBR approved for § 147.45(f). (2) UL 1185, Standard for Portable Marine Fuel Tanks, Second Edition, revised July 6, 1984, (‘‘UL 1185’’), IBR approved for § 147.45(f). (3) UL 1313, Standard for Nonmetallic Safety Cans for Petroleum Products, 1st Ed., revised March 22, 1985, (‘‘UL 1313’’), IBR approved for § 147.45(f). (4) UL 1314, Standard for SpecialPurpose Containers, 1st Ed., revised February 7, 1984, (‘‘UL 1314’’), IBR approved for § 147.45(f). ■ 171. Revise § 147.65 to read as follows: § 147.65 Carbon dioxide and Halon fire extinguishing systems. (a) Carbon dioxide cylinders forming part of a fixed fire extinguishing system must be maintained as follows: (1) Cylinders must be retested at least every 12 years. If a cylinder is discharged and more than 5 years have elapsed since the last test, it must be retested before recharging. (2) Carbon dioxide cylinders must be rejected for further service when they: (i) Leak; (ii) Are dented, bulging, severely corroded, or otherwise in a weakened condition; (iii) Have lost more than 5 percent of their tare weight; or (iv) Have been involved in a fire. (3) Cylinders which have contained gas agents for fixed fire extinguishing systems and have not been tested within 5 years must not be used to contain another compressed gas onboard a vessel, unless the cylinders are retested and re-marked in accordance with § 147.60(a)(3) and (4). (4) Flexible connections between cylinders and distribution piping of semi-portable or fixed carbon dioxide fire extinguishing systems and discharge hoses in semi-portable carbon dioxide fire extinguishing systems must be replaced or tested at a pressure of 6.9 MPa (1,000 psig). At test pressure, the pressure must not drop at a rate greater than 1.03 MPa (150 psi) per minute for a 2-minute period. The test must be performed when the cylinders are retested. (b) Halon cylinders forming part of a fixed fire extinguishing system must be maintained as follows: (1) The agent weight must be ascertained annually by one of the methods identified in paragraphs (b)(2) through (b)(4) of this section. Measured weights or liquid levels must be recorded and compared with the recommended fill levels and previous readings. If cylinder weight or liquid E:\FR\FM\22JYR2.SGM 22JYR2 ehiers on DSK5VPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations level, adjusted for temperature, shows a 5 percent loss of pressure, the cylinder must be refilled. If cylinder pressure, adjusted for temperature, shows a 10 percent loss of pressure, the cylinders must be refilled. (2) The cylinders may be removed from the mounting racks and weighed. (3) The contents of cylinders fitted with integral floating dipstick liquid level indicators may be measured with the dipstick indicator. (4) With approval of the cognizant Officer in Charge, Marine Inspection (OCMI), liquid level indication measures such as ultrasonic/audio gauging or radioisotope gauging may be used, provided that all of the following conditions are met: (i) Measurement equipment is calibrated for the cylinder wall thickness and Halon liquid. (ii) Calibration is verified by weighing the cylinders that indicate the lowest levels of Halon in each release group, but in no case less than 10 percent of the inspected cylinders in each release group. (iii) The acceptable liquid level is identified by the original system installer or coincides with all other cylinder liquid levels of the same release group. (iv) Measurements are made by personnel skilled in ultrasonic/audio gauging or radioisotope gauging techniques. (5) Effective 12 years after commissioning of the system or 5 years after the last hydrostatic test, whichever is later, the following inspections must be completed every 5 years: (i) Cylinders continuously in service without discharging must be removed from mounting racks and given a complete external visual inspection. The inspection must be conducted in accordance with the CGA Pamphlet C– 6 (incorporated by reference, see § 147.7). (ii) The volume of agent must be ascertained either by removing and weighing the cylinder or by floating liquid level indicators, integral with the cylinder construction, taking into account adjustments necessary for cylinder temperature and pressure. (6) Flexible connections between cylinders and distribution piping of fixed Halon fire extinguishing systems must be: (i) Visually inspected for damage, corrosion, or deterioration every year and replaced if found unserviceable; and (ii) Inspected and tested in accordance with NFPA 12A, paragraph 6.3.1 (incorporated by reference, see § 147.7) except that hydrostatic testing VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 must be performed every 12 years instead of every 5 years. (7) During any inspection, cylinders must be removed from service if they: (i) Leak; (ii) Are dented, bulging, severely corroded, or otherwise in a weakened condition; or (iii) Have been involved in a fire. (c) Cylinders that have contained carbon dioxide or Halon and have not been tested within 5 years must not be used to contain another compressed gas onboard a vessel, unless the cylinder is retested and re-marked in accordance with § 147.60(a)(3) and (4). PART 159—APPROVAL OF EQUIPMENT AND MATERIALS 172. The authority citation for part 159 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46; Section 159.001–9 also issued under the authority of 44 U.S.C. 3507. 173. Add § 159.001–1(b) to read as follows: ■ § 159.001–1 Purpose. * * * * * (b) The regulations in this subchapter (parts 159 through 164) have preemptive effect over State or local regulations in the same field. ■ 174. Amend § 159.001–3 to add the definitions of ‘‘Marine Equipment Directive (MarED)’’ and ‘‘Mutual Recognition Agreement (MRA)’’, in alphabetical order, as follows: § 159.001–3 Definitions. * * * * * Marine Equipment Directive (MarED) means the European Community Council Directive 96/98/EC of December 20, 1996 on marine equipment, as amended. * * * * * Mutual Recognition Agreement (MRA) means an agreement between the United States and other Maritime Administrations or organized associations, such as the European Community and the European Free Trade Association that specifies equipment approval and monitoring processes through which parties of the MRA agree to approve equipment on behalf of all parties. An MRA allows reciprocal approval and acceptance of equipment between all parties. * * * * * ■ 175. Revise § 159.001–4 to read as follows: § 159.001–4 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 48273 approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG–4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) Resolution A.739(18), Guidelines for the Authorization of Organizations Acting on Behalf of the Administration, November 22, 1993, IBR approved for § 159.001–3. (2) [Reserved] (c) International Organization for Standardization, ISO Central Secretariat BIBC II, Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, +41 22 749 01 11, https://www.iso.org. (1) ISO/IEC 17025:2005(E), International Standard: General requirements for the competence of testing and calibration laboratories, Second edition, 15 May 2005 (‘‘ISO/IEC 17025’’), IBR approved for § 159.010– 3(a). (2) [Reserved] ■ 176. Add subpart 159.003 to read as follows: Subpart 159.003—Approvals Under Mutual Recognition Agreements (MRA) Sec. 159.003–1 Purpose. 159.003–3 Acceptance of foreign approvals under a Mutual Recognition Agreement (MRA). 159.003–5 Approval by the Coast Guard under a Mutual Recognition Agreement (MRA). 159.003–7 Multiple approval numbers. 159.003–9 Products covered by Mutual Recognition Agreement (MRAs). Subpart 159.003—Approvals Under Mutual Recognition Agreements (MRA) § 159–003–1 Purpose. This subpart contains the procedures for obtaining Coast Guard approval under a Mutual Recognition Agreement. § 159–003–3 Acceptance of foreign approvals under a Mutual Recognition Agreement (MRA). A Coast Guard approval issued by a foreign authority in accordance with the E:\FR\FM\22JYR2.SGM 22JYR2 48274 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations provisions of an effective MRA is acceptable for any application where the regulations in this chapter require Coast Guard approval. § 159–003–5 Approval by the Coast Guard under a Mutual Recognition Agreement (MRA). (a) Manufacturers must specify in writing that foreign approval under an MRA is requested. (b) The Coast Guard Certificate of Approval will clearly identify as specified in the MRA that the product is approved to the foreign requirements under the MRA. § 159–003–7 Multiple approval numbers. A product will not be issued a Coast Guard approval number by the Coast Guard if it already holds a Coast Guard approval number issued by a foreign authority under a Mutual Recognition Agreement. § 159–003–9 Products covered by Mutual Recognition Agreements (MRAs). A complete list of equipment and materials approved by the Coast Guard under an MRA, as well as detailed information on marking and identifying items approved by foreign authorities under an MRA, is available online at https://cgmix.uscg.mil/Equipment/ Default.aspx. ■ 177. Amend § 159.010–3 by revising paragraph (a)(2) to read as follows: § 159.010–3 Independent laboratory: Standards for acceptance. (a) * * * (2) Possess or have access to the apparatus, facilities, personnel, and calibrated instruments that are necessary to inspect and test the equipment or material under the applicable subpart. In addition, for testing conducted on or after July 1, 2012, on equipment subject to SOLAS requirements, they must have ISO/IEC 17025 (incorporated by reference, see § 159.001–4) accreditation from an accreditation body that is a full member of the International Laboratory Accreditation Cooperation (ILAC) or a recognized accreditation body by the National Cooperation for Laboratory Accreditation (NACLA); * * * * * ehiers on DSK5VPTVN1PROD with RULES2 PART 160—LIFESAVING EQUIPMENT 178. The authority citation for part 160 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; and Department of Homeland Security Delegation No. 0170.1. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Subpart 160.900 [Removed] ■ 179. Remove subpart 160.900. PART 161—ELECTRICAL EQUIPMENT 180. The authority citation for part 161 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Subpart 161.002—Fire Detection Systems 181. Revise the heading for subpart 161.002 to read as set forth above. ■ 182. Revise § 161.002–1 to read as follows: ■ § 161.002–1 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Lifesaving and Fire Safety Division (CG–ENG–4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) FM Global, 1151 BostonProvidence Turnpike, P.O. Box 9102, Norwood, MA 02062, 781–762–4300, https://www.fmglobal.com. (1) ANSI/FM Approvals 3260, American National Standard for Radiant Energy-Sensing Fire Detectors for Automatic Fire Alarm Signaling, February 2004 (‘‘ANSI/FM 3260’’), IBR approved for § 161.002–6(b). (2) [Reserved] (c) International Electrotechnical Commission (IEC), 3, rue de Varembe, P.O. Box 131, CH–1211 Geneva 20— Switzerland, +41 22 919 02 11, https:// www.iec.ch. (1) IEC 60092–504:2001(E), Electrical Installations in Ships—Part 504: Special Features—Control and Instrumentation, Third edition, March 2001, IBR approved for § 161.002–6(c) and (d), and § 161.002–15(d). (2) [Reserved] (d) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 (1) FSS Code, International Code for Fire Safety Systems, Second Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for § 161.002–15(b). (2) [Reserved] (e) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition, effective August 26, 2009 (‘‘NFPA 72’’), IBR approved for § 161.002–10(b). (2) [Reserved] (f) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 38, Standard for Safety for Manual Signaling Boxes for Fire Alarm Systems, Eighth Edition, dated July 3, 2008, as amended through December 11, 2008, IBR approved for § 161.002–6(b). (2) UL 268, Standard for Safety for Smoke Detectors for Fire Alarm Systems, Sixth Edition, dated August 14, 2009, IBR approved for § 161.002– 6(b). (3) UL 464, Standard for Safety for Audible Signal Appliances, Ninth Edition, dated April 14, 2009, as amended through April 16, 2012, IBR approved for § 161.002–6(b). (4) UL 521, Standard for Safety for Heat Detectors for Fire Protective Signaling Systems, Seventh Edition, dated February 19, 1999, as amended through October 3, 2002, IBR approved for § 161.002–6(b). (5) UL 864, Standard for Safety for Control Units and Accessories for Fire Alarm Systems, Ninth Edition, dated September 30, 2003, as amended through January 12, 2011, IBR approved for §§ 161.002–6(b) and 161.002–15(d). (6) UL 1480, Standard for Safety for Speakers for Fire Alarm, Emergency, and Commercial and Professional Use, Fifth Edition, dated January 31, 2003, as amended through June 23, 2010, IBR approved for § 161.002–6(b). (7) UL 1971, Standard for Safety for Signaling Devices for the Hearing Impaired, Third Edition, approved November 29, 2002, as amended through October 15, 2008, IBR approved for § 161.002–6(b). ■ 183. Revise § 161.002–2 to read as follows: § 161.002–2 Definitions. In this subpart, the term— Device means individual components (e.g. detectors, control panels, alarms, etc.) that are used to comprise a fire detection system. Devices may receive Coast Guard approval in accordance with § 161.002–19. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Fire detection or fire detection and alarm systems system means a complete detection system that is designed to give warning of the presence of fire or smoke in the protected spaces. A complete system includes normal and emergency power supplies, control units, remote annunciator panels, fire detectors and/ or smoke detectors, manual pull stations, and audible and visual alarms, which are distinct from the alarms of any other system not indicating fire. Listed means equipment or materials included in a list published by an organization that is an accepted independent laboratory, as defined in 46 CFR 159.010, or a nationally recognized testing laboratory, as set forth in 29 CFR 1910.7, whose listing states that either the equipment or material meets appropriate designated standards. Nationally recognized testing laboratory (NRTL) means an organization that the Occupational Safety and Health Administration (OSHA) has recognized as meeting the requirements in 29 CFR 1910.7. These requirements are for the capability, control programs, complete independence, and reporting and complaint-handling procedures to test and certify specific types of products for workplace safety. This means, in part, that an organization must have the necessary capability both as a product safety testing laboratory and as a product certification body to receive OSHA recognition as an NRTL. Sample extraction smoke detection systems means systems that collect and analyze air samples from protected spaces in order to detect products of combustion. A complete system includes a control unit, a blower box, accumulators, and a piping system with associated fittings. § 161.002–3 [Removed and Reserved] 184. Remove and reserve § 161.002–3. ■ 185. Revise § 161.002–4 to read as follows: ■ § 161.002–4 General requirements. (a) The purpose of fire detection systems is to give warning of the presence of fire in the protected spaces. To meet this end, the basic requirements of these systems are reliability, sturdiness, simplicity of design, ease of servicing, and the ability to withstand shipboard shock and vibration and the adverse effects of sea humidity. All fire detection systems must be designed, constructed, tested, marked, and installed according to the applicable standards as incorporated by reference in § 161.002–1 and 46 CFR chapter I, subchapter J (Electrical Engineering) of this chapter. (b) Approvals for detection systems issued before July 22, 2017 will remain valid until July 22, 2021. 48275 (c) Detection systems installed, with a valid approval, before July 22, 2021 may be maintained onboard vessels and repaired as indicated in 46 CFR 76.27– 80(d). ■ 186. Add § 161.002–6 to read as follows: § 161.002–6 Testing Requirements. (a) Devices must be tested and listed for fire service by an accepted independent laboratory, as accepted in accordance with § 159.010 of this subchapter, or by a NRTL as set forth in 29 CFR 1910.7. (b) Each fire detection device must comply with the following standards (incorporated by reference, see § 161.002–1) as appropriate: (1) Control units—UL 864; (2) Heat detectors—UL 521; (3) Smoke detectors—UL 268; (4) Flame detectors—ANSI/FM 3260; (5) Audible alarms—UL 464 or UL 1480; (6) Visual alarms—UL 1971; and (7) Manual Signaling Boxes—UL 38. (c) All devices must be tested by an accepted independent laboratory, as defined in § 159.010 of this subchapter, to meet the marine environment testing requirements in Table 161.002–6(c) of this section. The test parameters are found in IEC 60092–504 (incorporated by reference, see § 161.002–1). TABLE 161.002–6(c)—MARINE ENVIRONMENTAL TESTING REQUIREMENTS Category 2 Category 3 IEC 60092–504 Environmental type test ehiers on DSK5VPTVN1PROD with RULES2 Category 1 All spaces not Category 2 or 3 Open deck or open to weather Spaces containing navigation or communication equipment 1—Visual inspection ........................................................................................................ 2—Functional test ............................................................................................................ 3—High voltage test ........................................................................................................ 4a—Power supply variations ........................................................................................... 4b—Power supply failure ................................................................................................. 5—Insulation resistance .................................................................................................. 6—Cold with gradual temp. change ................................................................................ 7—Dry heat with gradual temp. change .......................................................................... 8—Damp heat, cyclic ....................................................................................................... 9—Salt mist ..................................................................................................................... 10—Vibration (sinusoidal) ................................................................................................ 11b—Inclination, dynamic ................................................................................................ 13—Electrostatic discharge ............................................................................................. 14—Electromagnetic field ................................................................................................ 15—Conducted low frequency ........................................................................................ 16(a)—Conducted radio frequency (3 V rms) ................................................................. 16(b)—Conducted radio frequency (10 V rms) ............................................................... 17—Burst/fast transients ................................................................................................. 18—Surge/slow transients ............................................................................................... 19(a)—Radiated emission (general power) ..................................................................... 19(b)—Radiated emission (bridge and deck zone) ......................................................... 20(a)—Conducted emission (general power) .................................................................. 20(b)—Conducted emission (bridge and deck zone) ...................................................... X X X X X X X (5 °C) X (55 °C) X ............................ X 1X X X X X ............................ X X X ............................ X ............................ X X X X X X X (¥25 °C) X (55 °C) X X X 1X X X X X X X X X X X (5 °C) X (55 °C) X X X X X X X X X X X 1 This test only needs to be completed if the device is in a location with moving mechanical parts. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 X 1X X X X 48276 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (d) All fire detection system control units and remote annunciators must have enclosure protection as outlined in part 5 of IEC 60092–504 (incorporated by reference, see § 161.002–1) if the requirements exceed those of 46 CFR 111.01–9. Otherwise, 46 CFR 111.01–9 must be complied with. ■ 187. Revise § 161.002–8(a) to read as follows: § 161.002–8 Fire detection systems, general requirements. (a) General. A fire detection system must consist of a power supply; a control unit on which visible and audible fire and trouble signaling indicators are located; fire and/or smoke detectors; and fire and/or smoke detector circuits, as required, originating from the control unit. Power failure alarm devices may be separately housed from the control unit and may be combined with other power failure alarm systems when specifically approved. * * * * * ■ 188. Revise § 161.002–9 to read as follows: § 161.002–9 supply. Fire detection system, power The power supply for a fire detection system must meet the requirements of § 113.10–9 of this chapter. ■ 189. Revise § 161.002–10 to read as follows: § 161.002–10 unit. Fire detection system control (a) General. The fire detection system control unit must meet the requirements of § 111.01–9 of this chapter. (b) Electrical supervision—Circuits. The circuits must comply with Chapter 23 of NFPA 72 (incorporated by reference, see § 161.002–1), and must be Class A or Class X pathway. § 161.002–12 ■ [Removed] 190. Remove § 161.002–12. § 161.002–14 [Removed] 191. Remove § 161.002–14. ■ 192. Revise § 161.002–15 to read as follows: ■ ehiers on DSK5VPTVN1PROD with RULES2 § 161.002–15 Sample extraction smoke detection systems. (a) General. The sample extraction smoke detection system must consist of a means for continuously exhausting an air sample from the protected spaces and testing the air for contamination with smoke, together with visual and audible alarms for indicating the presence of smoke. (b) Design. The sample extraction smoke detection system must be VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 designed and capable of being installed in accordance with 46 CFR chapter I, subchapter J (Electrical Engineering) and the FSS Code (incorporated by reference, see § 161.002–1). (c) Power supply. The power supply for the sample extraction smoke detection system must meet the requirements of § 113.10–9 of this chapter. (d) Control unit standards. The control unit must be listed by either a NRTL as set forth in 29 CFR 1910.7 or an independent laboratory that is accepted by the Commandant under part 159 of this chapter. The listing must be to the standards specified in UL 864 and tested to the parameters found in IEC 60092–504 (both incorporated by reference, see § 161.002–1). ■ 193. Amend § 161.002–18 as follows: ■ a. Revise the section heading; ■ b. In paragraph (a) introductory text, remove the text ‘‘(CG–ENG)’’ and add, in its place, the text ‘‘(CG–ENG–4)’’; ■ c. In paragraph (a)(2), after the words ‘‘including information concerning installation,’’, add the words ‘‘maintenance, limitations,’’; ■ d. Revise paragraph (a)(3); ■ e. Redesignate paragraph (a)(4) as paragraph (a)(5); ■ f. Add new paragraph (a)(4); ■ g. In newly redesignated paragraph (a)(5) introductory text, remove the word ‘‘annunicator’’ and add, in its place, the word ‘‘annunciator’’; ■ h. In paragraph (c), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and after the words ‘‘in paragraphs’’ remove the text ‘‘(a)(4)(i) through (a)(4)(iii)’’ and add, in its place, the text ‘‘(a)(5)(i) through (a)(5)(iii)’’; ■ i. In paragraph (d)(2), after the word ‘‘paragraph’’, remove the text ‘‘(a)(4)’’ and add, in its place, the text ‘‘(a)(5)’’; ■ j. In paragraph (d)(3), remove the words ‘‘for the testing and listing or certification of fire-protective systems indicating compliance with the standards and compatibility with the system’’ and add, in their place, the words ‘‘, or an NRTL as set forth in 29 CFR 1910.7 to document compliance with § 161.002–6’’; and ■ k. In paragraph (e), after the words ‘‘in paragraphs’’ remove the text ‘‘(a)(4)(i) through (a)(4)(iii)’’ and add, in its place, the text ‘‘(a)(5)(i) through (a)(5)(iii)’’. The revisions and addition read as follows § 161.002–18 System method of applications for type approval. (a) * * * (3) Proof of listing the system devices meeting the requirements of § 161.002– 4(b)(2). (4) One copy of the complete test report(s) meeting the requirements of PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 § 161.002–6 generated by an independent laboratory accepted by the Commandant under part 159 of this chapter or an NRTL as set forth in 29 CFR 1910.7. A current list of Coast Guard accepted laboratories may be obtained from the following Web site: https://cgmix.uscg.mil/eqlabs/. * * * * * ■ 194. Add § 161.002–19 to read as follows: § 161.002–19 Device method of application for type approval. (a) The manufacturer must submit the following material to Commandant (CG– ENG–4), U.S. Coast Guard Headquarters, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509 or they may electronically submit material to typeapproval@uscg.mil: (1) A formal written request that the device be reviewed for approval. (2) Three copies of the device’s instruction manual, including information concerning installation, maintenance, limitations, programming, operation, and troubleshooting. (3) Proof of listing the device meeting the requirements of § 161.002–4(b)(2). (4) One copy of the complete test report(s) meeting the requirements of § 161.002–6 generated by an independent laboratory accepted by the Commandant under part 159 of this chapter or an NRTL as set forth in 29 CFR 1910.7. A current list of Coast Guard accepted laboratories may be obtained from the following Web site: https://cgmix.uscg.mil/eqlabs/. (b) To apply for a revision, the manufacturer must submit— (1) A written request under paragraph (a) of this section; (2) Updated documentation under paragraph (a)(2) of this section; (3) Proof of listing the device meeting the requirements of § 161.002–4(b)(2); and (4) A report by an independent laboratory accepted by the Commandant under part 159 of this chapter or an NRTL as set forth in 29 CFR 1910.7 is required to document compliance with § 161.002–6. (c) If the Coast Guard approves the device or a revision to a device, it issues a Certificate of Approval, normally valid for a 5-year term. PART 162—ENGINEERING EQUIPMENT 195. The authority citation for part 162 continues to read as follows: ■ Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 351; Department of Homeland Security Delegation No. 0170.1. § 162.027–3 Design, construction, testing, and marking requirements. Subpart 162.027—Combination Firehose Nozzles 196. Revise the heading for subpart 162.027 to read as set forth above. ■ 197. Redesignate §§ 162.027–1, 162.027–2, and 162.027–3 as §§ 162.027–2, 162.027–3, and 162.027– 4, respectively, and add new § 162.027– 1 to read as follows: ■ § 162.027–1 Scope. This subpart prescribes requirements for approval of combination firehose nozzles. ■ 198. Revise newly redesignated § 162.027–2 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 § 162.027–2 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, 877–909– 2786, https://www.astm.org. (1) ASTM F1546/F1546 M–96 (Reapproved 2012), Standard Specification for Fire Hose Nozzles, approved May 1, 2012, (‘‘ASTM F 1546’’), IBR approved for §§ 162.027– 3(a) through (c), and 162.027–4(a) and (d). (2) [Reserved] (c) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 1964 Standard for Spray Nozzles, 2008 Edition, effective December 31, 2007, IBR approved for §§ 162.027–3(a) through (c), and 162.027–4(a) and (d). (2) [Reserved] ■ 199. Revise newly redesignated § 162.027–3 to read as follows: VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (a) Each combination solid stream and water spray firehose nozzle required to be approved under the provisions of this subpart must be of brass or bronze, except for hardware and other incidental parts, which may be of rubber, plastic, or stainless steel, and designed, constructed, tested, and marked in accordance with the requirements of ASTM F 1546 or NFPA 1964 (incorporated by reference, see § 162.027–2). (b) All inspections and tests required by ASTM F 1546 or NFPA 1964 must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted by the Coast Guard as meeting subpart 159.010 of this chapter may be obtained by contacting the Commandant (CG–ENG–4). (c) The independent laboratory must prepare a report on the results of the testing and must furnish the manufacturer with a copy of the test report upon completion of the testing required by ASTM F 1546 or NFPA 1964. ■ 200. Amend newly redesignated § 162.027–4 by revising paragraph (a) and adding paragraphs (c) through (g) to read as follows: § 162.027–4 Approval procedures. (a) Firehose nozzles designed, constructed, tested, and marked in accordance with ASTM F 1546 or NFPA 1964 (incorporated by reference, see § 162.027–2) are considered to be approved under the provisions of this chapter. * * * * * (c) A follow-up program must be established and maintained to ensure that no unauthorized changes have been made to the design or manufacture of type approved firehose nozzles. Acceptable follow-up programs include factory inspection programs administered by the accepted independent laboratory that performed the initial inspections and tests relied on by the type approval holder, or special configuration control programs implemented through a quality control flow chart and core procedures administered by the manufacturer and certified by an international standards agency such as the International Organization for Standardization (ISO). (d) Applicants seeking type approval of firehose nozzles must submit: (1) A cover letter requesting type approval of the equipment; (2) A test report from the accepted independent laboratory showing PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 48277 compliance of the firehose nozzle with ASTM F 1546 or NFPA 1964; (3) A copy of the contract for a followup program with the accepted independent laboratory or evidence of an ISO 9001 certified special configuration control program or similar program implemented through a quality control flow chart and core procedure; and (4) Documentation of the firehose nozzle, including an exterior drawing, assembly drawing, components list, and bill of material. (e) All documentation must be either mailed to Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509 or electronically submitted to typeapproval@uscg.mil. (f) Upon evaluation of the submittal package and approval by the Commandant, a Coast Guard Certificate of Approval will be issued valid for 5 years so long as the follow-up program for the firehose nozzle is maintained. (g) Upon application, a Certificate of Approval for a firehose nozzle may be renewed for successive 5-year periods without further testing so long as no changes have been made to the products, the follow-up program has been maintained, and no substitutions of or changes to the standards listed in § 162.027–2 have been made. ■ 201. Revise § 162.028–1 to read as follows: § 162.028–1 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. E:\FR\FM\22JYR2.SGM 22JYR2 48278 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 162.028–2(a). (2) [Reserved] (c) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 8, Standard for Safety for Water Based Agent Fire Extinguishers, Sixth Edition, dated February 28, 2005, as amended through July 27, 2010, IBR approved for § 162.028–3(a). (2) UL 154, Standard for Safety for Carbon-Dioxide Fire Extinguishers, Ninth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.028–3(a). (3) UL 299, Standard for Safety for Dry Chemical Fire Extinguishers, Eleventh Edition, dated April 13, 2012, IBR approved for § 162.028–3(a). (4) UL 626, Standard for Safety for Water Fire Extinguishers, Eighth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.028–3(a). (5) UL 711, Standard for Safety for Rating and Fire Testing of Fire Extinguishers, Seventh Edition, dated December 17, 2004, as amended through April 28, 2009, IBR approved for § 162.028–2(a) and 162.028–3(a). (6) UL 2129, Standard for Safety for Halocarbon Clean Agent Fire Extinguishers, Second Edition, dated February 28, 2005, as amended through March 30, 2012, IBR approved for § 162.028–3(a). ■ 202. Amend § 162.028–2 by revising paragraph (a) to read as follows: § 162.028–2 Classification. (a) Portable and semi-portable extinguishers must be marked with a combined number and letter designation. The letter designates the general class of fire for which the extinguisher is suitable as identified in NFPA 10 (incorporated by reference, see § 162.028–1). The number indicates the relative extinguishing potential of the device as rated by UL 711 (incorporated by reference, see § 162.028–1). * * * * * ■ 203. Revise § 162.028–3 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 § 162.028–3 Requirements. (a) In addition to the requirements of this subpart, every portable fire extinguisher must be tested and listed for marine use by a recognized laboratory as defined in 46 CFR 159.001–3, and must comply with the following standards (incorporated by VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 reference, see § 162.028–1), as appropriate: (1) UL 8; (2) UL 154; (3) UL 299; (4) UL 626; (5) UL 711; and (6) UL 2129. (b) Every portable fire extinguisher must be self-contained; when charged, it must not require any additional source of extinguishing agent or expellant energy for its operation during the time it is being discharged. It must weigh no more than 50 pounds when fully charged. (c) Every portable fire extinguisher must be supplied with a suitable bracket which will hold the extinguisher securely in its stowage location on vessels or boats, and which is arranged to provide quick and positive release of the extinguisher for immediate use. During vibration testing, the extinguisher must be tested in the marine bracket. (d) Every portable extinguisher may be additionally examined and tested to establish its reliability and effectiveness in accordance with the intent of this specification for a ‘‘marine type’’ portable fire extinguisher when considered necessary by the Coast Guard or by the recognized laboratory. ■ 204. Amend § 162.028–4 by revising paragraph (a) to read as follows: § 162.028–4 Marine type label. (a) In addition to all other markings, every portable extinguisher must bear a label containing the Coast Guard approval number, thus: ‘‘Marine Type USCG Type Approval No. 162.028/ ll.’’ * * * * * ■ 205. Revise § 162.028–5 to read as follows: § 162.028–5 Recognized laboratories. A list of recognized independent laboratories that can perform approval tests of portable fire extinguishers is available from the Commandant and online at https://cgmix.uscg.mil. ■ 206. Revise § 162.028–7 to read as follows: § 162.028–7 labeling. Procedure for listing and (a) Manufacturers having models of extinguishers they believe are suitable for marine service may make application for listing and labeling of such product as a ‘‘marine-type’’ portable fire extinguisher by addressing a request directly to a recognized laboratory. The laboratory will inform the submitter as to the requirements for inspection, examinations, and testing PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 necessary for such listing and labeling. All costs in connection with the examinations, tests, inspections, listing, and labeling are payable by the manufacturer. (b) [Reserved] Subpart 162.039—Extinguishers, Fire, Semi-portable, Marine Type 207. Revise the heading for subpart 162.039 to read as set forth above. ■ 208. Revise § 162.039–1 to read as follows: ■ § 162.039–1 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 162.039–2(a). (2) [Reserved] (c) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 8, Standard for Safety for Water Based Agent Fire Extinguishers, Sixth Edition, dated February 28, 2005, as amended through July 27, 2010, IBR approved for § 162.039–3(a). (2) UL 154, Standard for Safety for Carbon-Dioxide Fire Extinguishers, Ninth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.039–3(a). (3) UL 299, Standard for Safety for Dry Chemical Fire Extinguishers, Eleventh Edition, dated April 13, 2012, IBR approved for § 162.039–3(a). (4) UL 626, Standard for Safety for Water Fire Extinguishers, Eighth E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.039–3(a). (5) UL 711, Standard for Safety for Rating and Fire Testing of Fire Extinguishers, Seventh Edition, dated December 17, 2004, as amended through April 28, 2009, IBR approved for §§ 162.039–2(a) and 162.039–3(a). (6) UL 2129, Standard for Safety for Halocarbon Clean Agent Fire Extinguishers, Second Edition, dated February 28, 2005, as amended through March 30, 2012, IBR approved for § 162.039–3(a). ■ 209. Revise § 162.039–2(a) to read as follows: § 162.039–2 Classification. (a) Portable and semi-portable extinguishers must be marked with a combined number and letter designation. The letter designates the general class of fire for which the extinguisher is suitable as identified in NFPA 10 (incorporated by reference, see § 162.039–1). The number indicates the relative extinguishing potential of the device as rated by UL 711 (incorporated by reference, see § 162.039–1). * * * * * ■ 210. Revise § 162.039–3 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 § 162.039–3 Requirements. (a) In addition to the requirements of this subpart, every semi-portable fire extinguisher must be tested and listed for marine use by a recognized laboratory as defined in 46 CFR 159.001–3, and must comply with the following standards (incorporated by reference, see § 162.039–1), as appropriate: (1) UL 8; (2) UL 154; (3) UL 299; (4) UL 626; (5) UL 711; and (6) UL 2129. (b) Every semi-portable fire extinguisher must be self-contained; when charged, it must not require any additional source of extinguishing agent or expellant energy for its operation during the time it is being discharged. It must weigh more than 50 pounds, when fully charged. (c) Every semi-portable fire extinguisher must be supplied with a suitable bracket which will hold the extinguisher securely in its stowage location on vessels or boats, and which is arranged to provide quick and positive release of the extinguisher for immediate use. (d) Every semi-portable extinguisher may be additionally examined and VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 tested to establish its reliability and effectiveness in accordance with the intent of this specification for a ‘‘marine type’’ semi-portable fire extinguisher when considered necessary by the Coast Guard or by the recognized laboratory. 211. Revise § 162.039–4 to read as follows: ■ § 162.039–4 Marine type label. (a) In addition to all other markings, every semi-portable extinguisher must bear a label containing the ‘‘marine type’’ listing manifest issued by a recognized laboratory. This label will include the Coast Guard approval number, thus: ‘‘Marine Type USCG Type Approval No. 162.039/___.’’ (b) All such labels are to be obtained only from the recognized laboratory and will remain under its control until attached to a product found acceptable under its inspection and labeling program. 212. Revise § 162.039–5 to read as follows: ■ § 162.039–5 Recognized laboratories. (a) A list of recognized independent laboratories that can perform approval tests of semi-portable fire extinguishers is available from the Commandant and online at https://cgmix.uscg.mil. (b) [Reserved] 213. Revise § 162.039–7 (a) to read as follows. ■ § 162.039–7 labeling. Procedure for listing and (a) Manufacturers having models of extinguishers they believe are suitable for marine service may make application for listing and labeling of such product as a ‘‘marine type’’ semiportable fire extinguisher by addressing a request directly to a recognized laboratory. The laboratory will inform the submitter as to the requirements for inspections, examinations, and testing necessary for such listing and labeling. All costs in connection with the examinations, tests, and inspections, listings and labelings are payable by the manufacturer. * * * * * 214. Add subpart 162.163 to read as follows: ■ Subpart 162.163—Portable Foam Applicators Sec. 162.163–1 Scope. 162.163–2 Incorporation by reference. 162.163–3 Performance, design, construction, testing, and marking requirements. 162.163–4 Approval procedures. PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 48279 Subpart 162.163—Portable Foam Applicators § 162.163–1 Scope. This subpart prescribes requirements for approval of portable foam applicators, each consisting of a portable foam nozzle, eductor, pick-up tube, and a portable supply of foam concentrate, in ro-ro spaces and certain machinery spaces, as required by the International Convention for the Safety of Life at Sea (SOLAS). § 162.163–2 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 162, Standard for Safety for Foam Equipment and Liquid Concentrates, Seventh Edition, dated March 30, 1994, as amended through October 10, 2014, IBR approved for §§ 162.163–3(d) through (f), and 162.163–4(a) and (c). (2) [Reserved] § 162.163–3 Performance, design, construction, testing, and marking requirements. (a) The portable foam applicator must produce foam suitable for extinguishing an oil fire at a minimum foam solution rate of 200 l/min (53 gpm). (b) The portable foam applicator must have a portable tank containing 20 liters or more of foam concentrate, along with one 20-liter spare tank. Five gallon (19 liter) foam concentrate pails are an acceptable substitute for the 20-liter tanks. (c) Requirements for carriage of portable foam applicators may be met by the carriage of either: E:\FR\FM\22JYR2.SGM 22JYR2 48280 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (1) Portable foam applicators in accordance with this subpart, with either integral or separate eductors of fixed percentage and foam concentrate designed, constructed, tested, marked, and approved in accordance with the provisions of this section; or (2) Components and foam concentrate from deck and heli-deck foam systems approved under approval series 162.033 of this part. Suitable components include mechanical foam nozzles with pick-up tubes, and mechanical foam nozzles with separate inline eductors, along with the corresponding foam concentrate. (d) Each portable foam applicator to be approved under the provisions of this subpart must be of brass or bronze, except for hardware and other incidental parts which may be of rubber, plastic, or stainless steel and, in combination with a foam concentrate, must be designed, constructed, tested, and marked in accordance with the requirements of UL 162 (incorporated by reference, see § 162.163–1). (e) All inspections and tests required by UL 162 must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted by the Coast Guard as meeting subpart 159.010 of this chapter may be obtained by contacting the Commandant (CG–ENG– 4) or at https://cgmix.uscg.mil/eqlabs/. (f) The independent laboratory must prepare a report on the results of the testing and must furnish the manufacturer with a copy of the test report upon completion of the testing required by UL 162. ehiers on DSK5VPTVN1PROD with RULES2 § 162.163–4 Approval procedures. (a) Portable foam applicators designed, constructed, tested, and marked in accordance with UL 162 (incorporated by reference, see § 162.163–1) are eligible for approval under the provisions of this chapter. (b) A follow-up program must be established and maintained to ensure that no unauthorized changes have been made to the design or manufacture of type approved portable foam applicators. Acceptable follow-up programs include factory inspection programs administered by the accepted independent laboratory that performed the initial inspections and tests relied on by the type approval holder, or special configuration control programs implemented through a quality control flow chart and core procedures administered by the manufacturer and certified by an international standards agency such as the International Organization for Standardization (ISO). VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (c) Applicants seeking type approval of portable foam applicators must submit: (1) A cover letter requesting type approval of the equipment; (2) A test report from the accepted independent laboratory showing compliance of the portable foam applicator with UL 162; (3) A copy of the contract for a followup program with the accepted independent laboratory; and (4) Documentation of the portable foam applicator, including an exterior drawing, assembly drawing, components list, and bill of material. (d) All documentation must either be mailed to Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509 or electronically submitted to typeapproval@uscg.mil. (e) Upon evaluation of the submittal package and approval by the Commandant, a Coast Guard Certificate of Approval will be issued valid for 5 years so long as the follow-up program for the portable foam applicators is maintained. (f) Upon application, a Certificate of Approval for a portable foam applicator may be renewed for successive 5-year periods without further testing so long as no changes have been made to the products, the follow-up program has been maintained, and no substitutions of or changes to the standards listed in § 162.027–2 have been made. products approved under this subpart are required. ■ 219. Add § 164.009–26 to read as follows: § 164.009–26 § 164.012–16 215. The authority citation for part 164 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; and Department of Homeland Security Delegation No. 0170.1. 216. Add § 164.006–6 to read as follows: ■ § 164.006–6 Alternative materials. Products approved under approval series 164.106 may be used where products approved under this subpart are required. ■ 217. Add § 164.007–10 to read as follows: § 164.007–10 Alternative materials. Products approved under approval series 164.107 may be used where products approved under this subpart are required. ■ 218. Add § 164.008–8 to read as follows: § 164.008–8 Alternative materials. Products approved under approval series 164.108 may be used where PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 Alternative materials. Products approved under approval series 164.112 may be used where products approved under this subpart are required. ■ 221. Add subpart 164.105 to read as follows: Subpart 164.105—Deck Assemblies (A–60) For SOLAS Vessels Sec. 164.105–1 Scope. 164.105–2 Incorporation by reference. 164.105–3 Testing, marking, and inspection requirements. 164.105–4 Approval procedures. Subpart 164.105—Deck Assemblies (A–60) For SOLAS Vessels § 164.105–1 Scope. This subpart prescribes requirements for approval of deck assemblies (A–60) for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.105–2 PART 164—MATERIALS Alternative materials. Products approved under approval series 164.109 may be used where products approved under this subpart are required. ■ 220. Add § 164.012–16 to read as follows: Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.105–3(a). E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (2) [Reserved] § 164.105–3 Testing, marking, and inspection requirements. (a) Each deck assembly submitted for type approval must be tested for noncombustibility under Annex 1, Part 1 and then tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.105–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a deck assembly. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. ehiers on DSK5VPTVN1PROD with RULES2 § 164.105–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 222. Add subpart 164.106 to read as follows: Subpart 164.106—Primary Deck Coverings for SOLAS Vessels Sec. 164.106–1 Scope. 164.106–2 Incorporation by reference. 164.106–3 Testing, marking, and inspection requirements. 164.106–4 Approval procedures. Subpart 164.106—Primary Deck Coverings for SOLAS Vessels § 164.106–1 Scope This subpart prescribes requirements for approval of primary deck coverings for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.106–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 48281 Edition (‘‘FTP Code’’), IBR approved for § 164.106–3(a). (2) [Reserved] § 164.106–3 Testing, marking, and inspection requirements. (a) Each primary deck covering submitted for type approval must be tested in accordance with the flame spread procedures specified in Part 6 of Annex 1 and the smoke density and toxicity criteria in Part 2 of Annex 1 of the FTP Code (incorporated by reference, see § 164.106–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a primary deck covering. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.106–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a E:\FR\FM\22JYR2.SGM 22JYR2 48282 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 223. Add subpart 164.107 to read as follows: Subpart 164.107—Structural Insulation (A– 60) for SOLAS Vessels Sec. 164.107–1 Scope. 164.107–2 Incorporation by reference. 164.107–3 Testing, marking, and inspection requirements. 164.107–4 Approval procedures. Subpart 164.107—Structural Insulation (A–60) for SOLAS Vessels § 164.107–1 Scope. This subpart prescribes requirements for approval of structural insulation (A– 60) for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). Products approved under these requirements may be used in place of products required to be approved as meeting the requirements of § 164.007. ehiers on DSK5VPTVN1PROD with RULES2 § 164.107–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.107–3(a). (2) [Reserved] § 164.107–3 Testing, marking, and inspection requirements. (a) Each structural insulation (A–60) submitted for type approval must be tested in accordance with the noncombustibility test under Annex 1, Part 1 and then tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.107–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a structural insulation. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.107–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 224. Add subpart 164.108 to read as follows: Subpart 164.108—Bulkheads (B–0 and B– 15) for SOLAS Vessels Sec. 164.108–1 Scope. 164.108–2 Incorporation by reference. 164.108–3 Testing, marking, and inspection requirements. 164.108–4 Approval procedures. Subpart 164.108—Bulkheads (B–0 and B–15) for SOLAS Vessels § 164.108–1 Scope. This subpart prescribes requirements for approval of bulkheads (B–0 and B– 15) for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). Products approved under these requirements may be used in place of products required to be approved as meeting the requirements of § 164.008. § 164.108–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.108–3(a). (2) [Reserved] ehiers on DSK5VPTVN1PROD with RULES2 § 164.108–3 Testing, marking, and inspection requirements. (a) Each bulkhead (B–0 & B–15) submitted for type approval must be tested in accordance with noncombustibility under Annex 1, Part 1 and then tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.108–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a bulkhead. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.108–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4) United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 225. Add subpart 164.109 to read as follows: Subpart 164.109—Non-combustible Materials (SOLAS) Sec. 164.109–1 Scope. 164.109–2 Incorporation by reference. 164.109–3 Testing, marking, and inspection requirements. 164.109–4 Approval procedures. Subpart 164.109—Non-combustible Materials (SOLAS) § 164.109–1 Scope. This subpart prescribes requirements for approval of non-combustible materials for use on SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). Products approved under these requirements may be used in place of products required to be approved as meeting the requirements of § 164.009. § 164.109–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 48283 available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.109–3(a). (2) [Reserved] § 164.109–3 Testing, marking, and inspection requirements. (a) Non-combustible materials submitted for type approval must be tested in accordance with Annex 1, Part 1 of the FTP Code (incorporated by reference, see § 164.109–2). Five specimens must be tested and the test need not last longer than 30 minutes. (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a noncombustible material. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. E:\FR\FM\22JYR2.SGM 22JYR2 48284 § 164.109–4 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 226. Add subpart 164.110 to read as follows: Subpart 164.110—Continuous Ceilings (B–0 and B–15) (SOLAS) Sec. 164.110–1 Scope. 164.110–2 Incorporation by reference. 164.110–3 Testing, marking, and inspection requirements. 164.110–4 Approval procedures. Subpart 164.110—Continuous Ceilings (B–0 and B–15) (SOLAS) § 164.110–1 Scope. This subpart prescribes requirements for approval of continuous ceilings (B– 0 and B–15) for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). ehiers on DSK5VPTVN1PROD with RULES2 § 164.110–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.110–3(a). (2) [Reserved] § 164.110–3 Testing, marking, and inspection requirements. (a) Continuous Ceilings (B–0 and B– 15) (SOLAS) submitted for type approval must be tested for noncombustibility under Annex 1, Part 1, and then tested for fire resistance under Annex 1, Part 3, Appendix 2, of the FTP Code (incorporated by reference, see § 164.110–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a continuous ceiling. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 number, and Coast Guard type approval number. § 164.110–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 227. Add subpart 164.111 to read as follows: Subpart 164.111—Draperies, Curtains, and Other Suspended Textiles Sec. 164.111–1 Scope. 164.111–2 Incorporation by reference. 164.111–3 Testing, marking, and inspection requirements. 164.111–4 Approval procedures. Subpart 164.111—Draperies, Curtains, and Other Suspended Textiles § 164.111–1 Scope. This subpart prescribes requirements for approval of draperies, curtains, and other suspended textiles as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.111–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.111–3(a). (2) [Reserved] ehiers on DSK5VPTVN1PROD with RULES2 § 164.111–3 Testing, marking, and inspection requirements. (a) Draperies, curtains, and other suspended textiles submitted for type approval must be tested for qualities of resistance to the propagation of flame not inferior to those of wool of mass 0.8 kg/m2 under Annex 1, Part 7, of the FTP Code (incorporated by reference, see § 164.111–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as draperies, curtains and other suspended textiles. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.111–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. 228. Add subpart 164.112 to read as follows: ■ Subpart 164.112—Interior Finish (Bulkheads and Ceiling Finishes) (SOLAS) Sec. 164.112–1 Scope. 164.112–2 Incorporation by reference. 164.112–3 Testing, marking, and inspection requirements. 164.112–4 Approval procedures. Subpart 164.112—Interior Finish (Bulkheads and Ceiling Finishes) (SOLAS) § 164.112–1 Scope. This subpart prescribes requirements for approval of interior finishes (bulkheads and ceiling finishes) for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). Products approved under these requirements may be used in place of products required to be approved as meeting the requirements of § 164.012. PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 § 164.112–2 48285 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.112–3(a). (2) [Reserved] § 164.112–3 Testing, marking, and inspection requirements. (a) Interior Finishes (Bulkheads and ceiling finishes) for SOLAS vessels submitted for type approval must be tested for surface flammability in Annex 1, Part 5, and the smoke density and toxicity criteria of Annex 1, Part 2, of the FTP Code (incorporated by reference, see § 164.112–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as an interior finish. (e) The independent laboratory must prepare production inspection E:\FR\FM\22JYR2.SGM 22JYR2 48286 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.112–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 229. Add subpart 164.117 to read as follows: Subpart 164.117—Floor Finish (SOLAS) Sec. 164.117–1 Scope. 164.117–2 Incorporation by reference. 164.117–3 Testing, marking, and inspection requirements. 164.117–4 Approval procedures. ehiers on DSK5VPTVN1PROD with RULES2 Subpart 164.117—Floor Finish (SOLAS) § 164.117–1 Scope. This subpart prescribes requirements for approval of floor finishes for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 § 164.117–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.117–3(a). (2) [Reserved] § 164.117–3 Testing, marking, and inspection requirements. (a) Floor finishes for SOLAS vessels submitted for type approval must be tested for surface flammability in Annex 1, Part 5, and the smoke density and toxicity criteria of Annex 1, Part 2, of the FTP Code (incorporated by reference, see § 164.117–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a floor finish. (e) The independent laboratory must prepare production inspection procedures and a report of the results of PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.117–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 230. Add subpart 164.136 to read as follows: Subpart 164.136—Fire Doors Sec. 164.136–1 Scope. 164.136–2 Incorporation by reference. 164.136–3 Testing, marking, and inspection requirements. 164.136–4 Approval procedures. Subpart 164.136—Fire Doors § 164.136–1 Scope. This subpart prescribes requirements for approval of fire doors as required by the International Convention for the Safety of Life at Sea (SOLAS). Products approved under these requirements may be used where fire doors of the same class are required in domestic vessels. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations § 164.136–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.136–3(a). (2) [Reserved] ehiers on DSK5VPTVN1PROD with RULES2 § 164.136–3 Testing, marking, and inspection requirements. (a) Fire doors submitted for type approval must be tested for noncombustibility under Annex 1, Part 5, and then tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.136–2). Adhesives used in the construction of fire doors need not be non-combustible, but they must be tested for low flame spread characteristics under Annex 1, Part 5 of the FTP Code and should be included in the approved door’s follow-up program. (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 to confirm that no changes have been made to the product that may adversely affect its fire performance as a fire door. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.136–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. 231. Add subpart 164.137 to read as follows: ■ Subpart 164.137—Windows Sec. 164.137–1 Scope. 164.137–2 Incorporation by reference. 164.137–3 Testing, marking, and inspection requirements. 164.137–4 Approval procedures. PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 48287 Subpart 164.137—Windows § 164.137–1 Scope. This subpart prescribes requirements for approval of windows as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.137–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.137–3(a). (2) Resolution A.754(18), Recommendation on Fire Resistance Tests for ‘‘A’’, ‘‘B’’ and ‘‘F’’ Class Divisions, adopted 4 November 1993 (‘‘IMO Resolution A.754(18)’’), IBR approved for § 164.137–3(a). § 164.137–3 Testing, marking, and inspection requirements. (a) Windows submitted for type approval must be tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.137–2). Windows must also meet the thermal radiation test supplement to fire resistance, as outlined in Appendix 1 of Part 3 of the FTP Code, and the hose stream test of paragraph 5 of Appendix A.1 of IMO Resolution A.754(18) (incorporated by reference, see § 164.137–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to E:\FR\FM\22JYR2.SGM 22JYR2 48288 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a window. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. ehiers on DSK5VPTVN1PROD with RULES2 § 164.137–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. 232. Add subpart 164.138 to read as follows: ■ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Subpart 164.138—Fire Stops (Penetration Seals) Sec. 164.138–1 Scope. 164.138–2 Incorporation by reference. 164.138–3 Testing, marking, and inspection requirements. 164.138–4 Approval procedures. Subpart 164.138—Fire Stops (Penetration Seals) § 164.138–1 Scope. This subpart prescribes requirements for approval of fire stops (penetration seals) as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.138–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.138–3(a). (2) Resolution A.754(18), Recommendation on Fire Resistance Tests for ‘‘A’’, ‘‘B’’ and ‘‘F’’ Class Divisions, adopted 4 November 1993 (‘‘IMO Resolution A. 754(18)’’), IBR approved for § 164.138–3(a). § 164.138–3 Testing, marking, and inspection requirements. (a) Fire stops (penetration seals) submitted for type approval must be tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.138–2). Such devices must also be tested in accordance with Appendices A.III and A.IV of IMO Resolution A.754(18) (incorporated by reference, see § 164.138–2). (b) All testing and inspections required by this subpart must be PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a fire stop. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.138–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 233. Add subpart 164.139 to read as follows: Subpart 164.139—Dampers Sec. 164.139–1 Scope. 164.139–2 Incorporation by reference. 164.139–3 Testing, marking, and inspection requirements. 164.139–4 Approval procedures. Subpart 164.139–Dampers § 164.139–1 Scope. This subpart prescribes requirements for approval of fire dampers as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.139–2 Incorporation by reference. ehiers on DSK5VPTVN1PROD with RULES2 (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for the Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.139– 3(a). (2) Resolution A.754(18), Recommendation on Fire Resistance Tests for ‘‘A’’, ‘‘B’’ and ‘‘F’’ Class Divisions, adopted 4 November 1993 (‘‘IMO Resolution A.754(18)’’), IBR approved for § 164.139–3(a). § 164.139–3 Testing, marking, and inspection requirements. (a) Automatic fire dampers that are installed in A-class divisions that are submitted for type approval must be tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.139–2). Such VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 devices must also be tested in accordance with Appendix A–II of IMO Resolution A.754(18) (incorporated by reference, see § 164.139–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a fire damper. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and shall furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. 164.139–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 48289 manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 234. Add subpart 164.141 to read as follows: Subpart 164.141—Plastic Pipes Sec. 164.141–1 Scope. 164.141–2 Incorporation by reference. 164.141–3 Testing, marking, and inspection requirements. 164.141–4 Approval procedures. Subpart 164.141—Plastic Pipes § 164.141–1 Scope. This subpart prescribes requirements for approval of plastic piping systems. Plastic piping systems include the pipe, fittings, system joints, method of joining, and any internal or external liners, coverings, and coatings required to comply with the performance criteria of this subpart. § 164.141–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.141–3(c). (2) Resolution A.653(16), Recommendation on Improved Fire Test Procedures for Surface Flammability of Bulkhead, Ceiling and Deck Finish Materials, adopted on 19 October 1989 E:\FR\FM\22JYR2.SGM 22JYR2 48290 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (‘‘IMO Resolution A.653(16)’’), IBR approved for § 164.141–3(a). (3) Resolution A.753(18), Guidelines for the Application of Plastic Pipe on Ships, adopted on 4 November 1993 (‘‘IMO ResolutionA.753(18)’’), IBR approved for § 164.141–3(a) and (b). (4) Resolution MSC.313(88), Amendments to the Guidelines for the Application of Plastic Pipes on Ships, (‘‘IMO Resolution MSC.313(88)’’), adopted 26 November 2010, IBR approved for § 164.141–3(a) and (b). § 164.141–3 Testing, marking, and inspection requirements. (a) All plastic piping submitted for approval must meet the flame spread requirements of IMO Resolution A.653(16) as modified for pipes by IMO Resolution A.753(18) and IMO Resolution MSC.313(88) (all incorporated by reference, see § 164.141–2) except that: (1) The test specimens need not be wrapped in aluminum foil; and (2) Testing need not be conducted on every pipe size. Testing may be conducted on piping sizes with the maximum and minimum wall thickness intended to be approved. This will qualify all piping sizes within the tested range. (b) In order to receive approval for fire endurance, pipe must be tested as indicated in IMO Resolution A.753(18) and IMO Resolution MSC.313(88). When satisfying the requirements for L1 or L2 service, the pipe will be approved for use in lesser service grades. The approval of piping systems of sizes different than those tested will be allowed as provided for in Table 164.141(a) of this subpart. TABLE 164.141(a)—APPROVAL OF PIPING SYSTEMS OF SIZES DIFFERENT THAN TESTED Size * tested, inches Maximum size * approved, inches Minimum size * approved 0 to ≤2 ................................................................................... >2 to ≤6 ................................................................................. >6 to ≤12 ............................................................................... >12 to ≤24 ............................................................................. >24 to ≤36 ............................................................................. >36 to ≤48 ............................................................................. Size Size Size Size Size Size Tested Tested Tested Tested Tested Tested .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... Size Tested. ≤6. ≤12. ≤24. ≤36. ≤48. ehiers on DSK5VPTVN1PROD with RULES2 * Nominal outside diameter (c) To be approved for smoke and toxicity requirements, piping systems must meet the requirements of Annex 1, Part 2 of the FTP Code (incorporated by reference, see § 164.141–2) with the following modifications: (1) Plastic piping meeting paragraph 2.2 of Annex 2 of the FTP Code as having very low flame spread when tested to Part 5 are deemed to meet the smoke and toxicity requirements without testing to Part 2. (2) Testing need only be conducted on piping sizes with the maximum and minimum wall thicknesses intended to be approved. (3) The test sample should be fabricated by cutting pipes lengthwise into individual sections and then assembling the sections into a test sample as representative as possible of a flat surface. All cuts should be made normal to the pipe wall. (4) The number of sections that must be assembled together to form a square test sample with sides measuring 3 inches, should be that which corresponds to the nearest integral number of sections which will result in a test sample with an equivalent linearized surface width between 3 and 3 1⁄2 inches. The surface width is defined as the measured sum of the outer circumference of the assembled pipe sections normal to the lengthwise sections. (5) The test samples should be mounted on calcium silicate board and held in place by the edges of the test frame and, if necessary, by wire. There VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 should be no gaps between individual sections and the samples should be constructed so that the edges of two adjacent sections coincide with the centerline of the test holder. (6) The space between the concave unexposed surface of the test sample and the surface of the calcium silicate backing should be left void. (7) The void space between the top of the exposed test surface and the bottom edge of the sample holder frame should be filled with a high temperature insulating wool where the pipe extends under the frame. (8) When the pipes are to include fireproofing or coatings, the composite structure consisting of the segmented pipe wall and fireproofing shall be tested and the thickness of the fireproofing should be the minimum thickness specified for the intended usage. (9) Test samples should be oriented in the apparatus such that the pilot burner flame will be normal to the lengthwise piping sections. (d) Where required to be approved, piping systems must comply with the non-metallic materials requirements in 46 CFR 56.60–25(a)(1). (e) All testing and inspections required by this subpart, except as allowed by paragraph (b) of this section, must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (f) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (g) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as plastic piping. (h) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (i) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.141–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 235. Add subpart 164.142 to read as follows: Subpart 164.142—Bedding Components Sec. 164.142–1 Scope. 164.142–2 Incorporation by reference. 164.142–3 Testing, marking, and inspection requirements. 164.142–4 Approval procedures. Subpart 164.142—Bedding Components § 164.142–1 Scope. This subpart prescribes requirements for approval of bedding components as required by the International Convention for the Safety of Life at Sea (SOLAS). ehiers on DSK5VPTVN1PROD with RULES2 § 164.142–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.142–3(a). (2) [Reserved] § 164.142–3 Testing, marking, and inspection requirements. (a) Bedding components that are submitted for type approval must be tested for qualities of resistance to the ignition and propagation of flame of Annex 1, Part 9 of the FTP Code (incorporated by reference, see § 164.142–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a bedding component. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.142–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate PO 00000 Frm 00073 Fmt 4701 Sfmt 4700 48291 this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 236. Add subpart 164.144 to read as follows: Subpart 164.144—Upholstered Furniture Sec. 164.144–1 Scope. 164.144–2 Incorporation by reference. 164.144–3 Testing, marking, and inspection requirements. 164.144–4 Approval procedures. Subpart 164.144—Upholstered Furniture § 164.144–1 Scope. This subpart prescribes requirements for approval of upholstered furniture as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.144–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ E:\FR\FM\22JYR2.SGM 22JYR2 48292 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.144–3(a). (2) [Reserved] § 164.144–3 Testing, marking, and inspection requirements. ehiers on DSK5VPTVN1PROD with RULES2 (a) Upholstered furniture that is submitted for type approval must be tested for qualities of resistance to the ignition and propagation of flame of Annex 1, Part 8 of the FTP Code (incorporated by reference, see § 164.144–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as upholstered furniture. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.144–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 this information and notify the manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 237. Add subpart 164.146 to read as follows: Subpart 164.146—Fire Door Control System (SOLAS) Sec. 164.146–1 Scope. 164.146–2 Incorporation by reference. 164.146–3 Testing, marking, and inspection requirements. 164.146–4 Approval procedures. Subpart 164.146—Fire Door Control System (SOLAS) § 164.146–1 Scope. This subpart prescribes requirements for approval of fire door control systems as required by the International Convention for the Safety of Life at Sea (SOLAS). § 164.146–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or PO 00000 Frm 00074 Fmt 4701 Sfmt 4700 go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.146–3(a). (2) [Reserved] § 164.146–3 Testing, marking, and inspection requirements. (a) A fire door control system that is submitted for type approval must be tested in accordance with Annex 1, Part 4 of the FTP Code (incorporated by reference, see § 164.146–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a fire door control system. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.146–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 238. Add subpart 164.201 to read as follows: Subpart 164.201—Fire-resisting Materials for High-speed Craft Sec. 164.201–1 Scope. 164.201–2 Incorporation by reference. 164.201–3 Testing, marking, and inspection requirements. 164.201–4 Approval procedures. Subpart 164.201—Fire-resisting Materials for High-speed Craft § 164.201–1 Scope. This subpart prescribes requirements for approval of fire-resisting materials for high-speed craft as required by the International Code of Safety for High Speed Craft (HSC Code). ehiers on DSK5VPTVN1PROD with RULES2 § 164.201–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.201–3(a). (2) [Reserved] § 164.201–3 Testing, marking, and inspection requirements. (a) Fire-resisting materials for highspeed craft that is submitted for type approval must be tested in accordance with Annex 1, Part 10 of the FTP Code (incorporated by reference, see § 164.201–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a fire resisting material for high speed craft. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire-testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.201–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the PO 00000 Frm 00075 Fmt 4701 Sfmt 4700 48293 manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. ■ 239. Add subpart 164.207 to read as follows: Subpart 164.207—Fire-resisting Divisions for High-speed Craft Sec. 164.207–1 Scope. 164.207–2 Incorporation by reference. 164.207–3 Testing, marking, and inspection requirements. 164.207–4 Approval procedures. Subpart 164.207—Fire-resisting Divisions for High-speed Craft § 164.207–1 Scope. This subpart prescribes requirements for approval of fire-resisting divisions for high-speed craft as required by the International Code of Safety for HighSpeed Craft (HSC Code). § 164.207–2 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ E:\FR\FM\22JYR2.SGM 22JYR2 48294 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations register/code_of_federal_regulations/ ibr_locations.html. (b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (‘‘FTP Code’’), IBR approved for § 164.207–3(a). (2) [Reserved] § 164.207–3 Testing, marking, and inspection requirements. ehiers on DSK5VPTVN1PROD with RULES2 (a) Fire-resisting divisions for highspeed craft that are submitted for type approval must be tested in accordance with Annex 1, Part 11 of the FTP Code (incorporated by reference, see § 164.207–2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at https:// psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a fire resisting division for high speed craft. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire-testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. § 164.207–4 Approval procedures. (a) Manufacturers that desire type approval should submit a written notice to the Commandant (CG–ENG–4) describing the product and its intended uses. The Commandant will evaluate this information and notify the VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 manufacturer of the product’s suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections. (b) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG–ENG–4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, or electronically submit a request to typeapproval@uscg.mil. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why. 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. PART 169—SAILING SCHOOL VESSELS 244. The authority citation for part 169 continues to read as follows: ■ Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 103–206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp., p. 793; Department of Homeland Security Delegation No. 0170.1; § 169.117 also issued under the authority of 44 U.S.C. 3507. 245. Revise § 169.115 to read as follows: ■ § 169.115 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the Subpart 164.900 [Removed] approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 ■ 240. Remove subpart 164.900. CFR part 51. All approved material is available for inspection at the U.S. Coast PART 167—PUBLIC NAUTICAL Guard, Office of Design and Engineering SCHOOL SHIPS Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue, SE. Stop 7509, ■ 241. The authority citation for part Washington, DC 20593–7509, and is 167 continues to read as follows: available from the sources listed below. Authority: 46 U.S.C. 3306, 3307, 6101, It is also available for inspection at the 8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980 National Archives and Records Comp., p. 277; Department of Homeland Administration (NARA). For Security Delegation No. 0170.1. information on the availability of this ■ 242. In § 167.01–5, add a sentence to material at NARA, call 202–741–6030 or the end of paragraph (a) to read as go to https://www.archives.gov/federal_ follows: register/code_of_federal_regulations/ § 167.01–5 Applicability; preemptive effect. ibr_locations.html. (b) American Boat and Yacht Council (a) * * * The regulations in this (ABYC), 613 Third St, Suite 10, subchapter have preemptive effect over Annapolis, MD 21403, 410–990–4460, State or local regulations in the same https://www.abycinc.org. field. (1) A–1–78, Marine LPG—Liquefied * * * * * Petroleum Gas Systems, IBR approved for § 169.703(c). ■ 243. In § 167.45–30 — (2) A–3–70, Recommended Practices ■ a. Redesignate the existing text as and Standards Covering Galley Stoves, paragraph (a); and IBR approved for § 169.703(a). ■ b. Add paragraph (b) to read as (3) A–22–78, Marine CNG— follows: Compressed Natural Gas Systems, IBR § 167.45–30 Use of approved fire fighting approved for § 169.703(c). equipment. (4) H–2.5, Ventilation of Boats Using * * * * * Gasoline—Design and Construction, (b) Use of non-approved fire detection 1981, IBR approved for § 169.629. systems may be acceptable as excess (5) H–24.9 (g) and (h)—‘‘Fuel equipment provided that: Strainers and Fuel Filters’’ (1975), IBR (1) Components are listed by an approved for § 169.629. (6) P–1–73, Safe Installation of independent, nationally recognized Exhaust Systems for Propulsion and testing laboratory as set forth in 29 CFR PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations Auxiliary Engines, 1973, IBR approved for § 169.609. (c) DLA Document Services, Building 4D, 700 Robbins Avenue, Philadelphia, PA 19111, https://quicksearch.dla.mil. (1) Federal Specification ZZ–H–451, Hose, Fire, Woven-Jacketed Rubber or Cambric-Lined, with Couplings, F, IBR approved for § 169.563(c). (2) [Reserved] (d) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 169.247(a). (2) NFPA 70, National Electrical Code, Article 310–8 and Table 310–13, 1980, IBR approved for § 169.672(a). (3) NFPA 302, Pleasure and Commercial Motor Craft, Chapter 6, 1980, IBR approved for § 169.703(c). (4) NFPA 306, Control of Gas Hazards on Vessels, 1980, IBR approved for § 169.236(a). (e) NIST, 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899, 301– 975–6478, https://nist.gov. (1) Special Pub. 440 (SD Cat. No. C13.10:490), ‘‘Color: Universal Language and Dictionary of Names’’, 1976. (2) [Reserved] (f) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 19, Standard for Safety for Lined Fire Hose and Hose Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved for § 169.563(c). (2) [Reserved] § 169.236 [Amended] 246. In § 169.236(a), after the words ‘‘The provisions of NFPA 306’’, remove the words ‘‘, ‘‘Control of Gas Hazards on Vessels,’’’’ and add, in their place, the words ‘‘(incorporated by reference, see § 169.115)’’. ■ 247. Revise § 169.247 to read as follows: ■ § 169.247 Fire fighting equipment. (a) At each inspection for certification and periodic inspection and at such other times as considered necessary, all fire extinguishing equipment must be inspected to ensure it is in suitable condition. Tests may be necessary to determine the condition of the equipment. The inspector must verify that the following tests and inspections have been conducted by a qualified servicing facility at least once every 12 months: (1) Portable fire extinguishers and semi-portable fire extinguishing systems must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 169.115) as amended here: (i) Certification or licensing as fire extinguisher servicing agency by a state or local authority having jurisdiction will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (ii) Monthly inspections required by NFPA 10 may be conducted by the 48295 owner, operator, person-in-charge, or a designated member of the crew. (iii) Non-rechargeable or nonrefillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-incharge, or a designated member of the crew. (iv) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. (2) All parts of the fixed fire extinguishing systems must be examined for excessive corrosion and general condition. Table 169.247(a)(1) of this section provides detailed inspection and test requirements of fixed systems. (3) Piping, controls, valves, and alarms on all fire extinguishing systems must be checked to be certain the system is in operating condition. (4) The fire main system is operated and the pressure checked at the most remote and highest outlets. (5) Each firehose is subjected to a test pressure equivalent to its maximum service pressure. (b) [Reserved] TABLE 169.247(a)(1)—FIXED SYSTEMS Type of system Test Carbon dioxide or HALON 1301 .............................................................. Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of the charge. 248. In § 169.563, revise paragraph (c) to read as follows: ■ § 169.563 Firehose. * * * * (c) Vessels of 90 feet or more must have lined commercial firehose that conforms to UL 19 or Federal Specification ZZ–H–451(incorporated by reference, see § 169.115). The ehiers on DSK5VPTVN1PROD with RULES2 * VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 firehose must be fitted with a combination nozzle approved under § 162.027 of this chapter. * * * * * ■ 249. Amend § 169.567 as follows: ■ a. Revise the section heading; ■ b. Revise paragraphs (a) and (b); and ■ c. Remove paragraph (g). The revisions read as follows: PO 00000 Frm 00077 Fmt 4701 Sfmt 4700 § 169.567 Portable fire extinguishers. (a) The minimum number of portable fire extinguishers required on each vessel is determined by the Officer in Charge, Marine Inspection, in accordance with Table 169.567(a) of this section and other provisions of this subpart. E:\FR\FM\22JYR2.SGM 22JYR2 48296 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE 169.567(a)—REQUIRED PORTABLE FIRE EXTINGUISHERS Portable fire extinguishers Space Minimum required rating Propulsion machinery space without fixed extinguishing system. Propulsion machinery space with fixed extinguishing system .. Living space and open boats .................................................... Galley (without fixed system) .................................................... Spare Units ................................................................................ (b) Table 169.567(a) of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. * * * * * PART 175—GENERAL PROVISIONS 250. The authority citation for part 175 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security Delegation No. 0170.1; § 175.900 also issued under 44 U.S.C. 3507. 251. In § 175.100, add a sentence to the end of the section to read as follows: ■ § 175.100 Purpose. * * * * * The regulations in this subchapter have preemptive effect over State or local regulations in the same field. ■ 252. In § 175.400. add the definitions of ‘‘Ignition source’’ and ‘‘Isolated space’’, in alphabetical order, and revise the definition of ‘‘Open to the atmosphere’’ to read as follows: § 175.400 Definitions of terms used in the subchapter. ehiers on DSK5VPTVN1PROD with RULES2 * * * * * Ignition source means an internal combustion engine regardless of horsepower or continuously running electrical motors without overload protection or other run-limiting devices. Properly installed electrical wire or cabling with associated connections and outlets must not be considered an ignition source. * * * * * Isolated space means a closed, watertight space infrequently accessed by the crew while the vessel is in operation. Examples of these spaces are the forepeak spaces, lazerettes, and spaces with unattended continuously running electrical motors. Small, non-water-tight compartments visible to the crew and passengers such as storage lockers under VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 Quantity and location 40–B:C ............. 2. 40–B:C ............. 2–A ................... 40–B:C ............. 2–A ................... 40–B:C ............. 1 in the vicinity of the exit. 1 per 1,000 cubic foot of space. 1 per 500 cubic foot. 10 percent of the required number rounded up. 1. the operating station or passenger seating areas, are not considered isolated spaces. * * * * * Open to the atmosphere means a compartment that has at least 0.342 square meters of open area directly exposed to the atmosphere for each cubic meter (15 square inches for each cubic foot) of net compartment volume. * * * * * ■ 253. Revise § 175.600 to read as follows: § 175.600 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593– 7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) American Boat and Yacht Council (ABYC), 613 Third St., Suite 10, Annapolis, MD 21403, 410–990–4460, https://www.abycinc.org. (1) A–1–93, Marine Liquefied Petroleum Gas (LPG) Systems (‘‘ABYC A–1’’), IBR approved for § 184.240(a), (c), (d), and (g). (2) A–3–93, Galley Stoves (‘‘ABYC A– 3’’), IBR approved for § 184.200. (3) A–7–70, Boat Heating Systems (‘‘ABYC A–7’’), IBR approved for § 184.200. (4) A–16–89, Electric Navigation Lights (‘‘ABYC A–16’’), IBR approved for § 183.130(a). (5) A–22–93, Marine Compressed Natural Gas (CNG) Systems (‘‘ABYC A– 22’’), IBR approved for § 184.240(b) through (e). PO 00000 Frm 00078 Fmt 4701 Sfmt 4700 (6) E–8, Alternating Current (AC) Electrical Systems on Boats, July 2001 (‘‘ABYC E–8’’), IBR approved for §§ 183.130(a) and 183.340(b). (7) E–9, Direct Current (DC) Electrical Systems on Boats (May 28, 1990) (‘‘ABYC E–9’’), IBR approved for §§ 183.130(a) and 183.340(b). (8) H–2–89, Ventilation of Boats Using Gasoline (‘‘ABYC H–2’’), IBR approved for §§ 182.130 and 182.460(m). (9) H–22–86, DC Electric Bilge Pumps Operating Under 50 Volts (‘‘ABYC H– 22’’), IBR approved for §§ 182.130 and 182.500(b). (10) H–24–93, Gasoline Fuel Systems (‘‘ABYC H–24’’), IBR approved for §§ 182.130, 182.440(d), 182.445, 182.450(f) and 182.455(c). (11) H–25–94, Portable Gasoline Fuel Systems for Flammable Liquids (‘‘ABYC H–25’’), IBR approved for §§ 182.130 and 182.458(b). (12) H–32–87, Ventilation of Boats Using Diesel Fuel (‘‘ABYC H–32’’), IBR approved for §§ 182.130, 182.465(i) and 182.470(c). (13) H–33–89, Diesel Fuel Systems (‘‘ABYC H–33’’), IBR approved for §§ 182.130, 182.440(d), 182.445(f), 182.450(f) and 182.455(c). (14) P–1–93, Installation of Exhaust Systems for Propulsion and Auxiliary Engines (‘‘ABYC P–1’’), IBR approved for §§ 177.405(b), 177.410(c), 182.130, 182.425(c), and 182.430(k). (15) P–4–89, Marine Inboard Engines (‘‘ABYC P–4’’), IBR approved for §§ 182.130 and 182.420(b) and (d). (c) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, 281–877– 5800, https://ww2.eagle.org. (1) Guide for High Speed Craft, 1997 (‘‘ABS High Speed Craft’’), IBR approved for § 177.300(c) and (d). (2) Rules for Building and Classing Aluminum Vessels, 1975 (‘‘ABS Aluminum Vessel Rules’’), IBR approved for § 177.300(d). (3) Rules for Building and Classing Reinforced Plastic Vessels, 1978 (‘‘ABS Plastic Vessel Rules’’), IBR approved for § 177.300(c). E:\FR\FM\22JYR2.SGM 22JYR2 ehiers on DSK5VPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (4) Rules for Building and Classing Steel Vessels, 1995 (‘‘ABS Steel Vessel Rules’’), IBR approved for § 183.360(b). (5) Rules for Building and Classing Steel Vessels Under 61 Meters (200 feet) in Length, 1983 (‘‘ABS Steel Vessel Rules (≤61 Meters)’’), IBR approved for § 177.300. (6) Rules for Building and Classing Steel Vessels for Service on Rivers and Intracoastal Waterways, 1995 (‘‘ABS Steel Vessel Rules (Rivers/ Intracoastal)’’), IBR approved for § 177.300(e). (d) American National Standards Institute (ANSI), 25 West 43rd St., New York, NY 10036, 212–642–4900, https:// www.ansi.org. (1) A 17.1–1984, including supplements A 17.1a and B–1985, Safety Code for Elevators and Escalators (‘‘ANSI A 17.1’’), IBR approved for § 183.540. (2) B 31.1–1986, Code for Pressure Piping, Power Piping (‘‘ANSI B 31.1.’’), IBR approved for § 182.710(c). (3) Motor Vehicles Operating on Land Highways (‘‘ANSI Z 26.1’’), IBR approved for § 177.1030(b). (e) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, 877–909– 2786, https://www.astm.org. (1) ASTM B 96–93, Standard Specification for Copper-Silicon Alloy Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure Vessels (‘‘ASTM B 96’’), IBR approved for § 182.440(a). (2) ASTM B 117–97, Standard Practice for Operating Salt Spray (Fog) Apparatus (‘‘ASTM B 117’’), IBR approved for § 175.400. (3) ASTM B 122/B 122M–95, Standard Specification for CopperNickel-Tin Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and CopperNickel Alloy Plate, Sheet, Strip and Rolled Bar (‘‘ASTM B 122’’), IBR approved for § 182.440(a). (4) ASTM B 127–98, Standard Specification for Nickel-Copper Alloy (UNS NO4400) Plate, Sheet, and Strip (‘‘ASTM B 127’’), IBR approved for § 182.440(a). (5) ASTM B 152–97a, Standard Specification for Copper Sheet, Strip, Plate, and Rolled Bar (‘‘ASTM B 152’’), IBR approved for § 182.440(a). (6) ASTM B 209–96, Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate (‘‘ASTM B 209’’), IBR approved for § 182.440(a). (7) ASTM D 93–97, Standard Test Methods for Flash Point by PenskyMartens Closed Cup Tester (‘‘ASTM D 93’’), IBR approved for § 175.400. VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (8) ASTM D 635–97, Standard Test Method for Rate of Burning and or Extent and Time of Burning of SelfSupporting Plastics in a Horizontal Position (‘‘ASTM D 635’’), IBR approved for § 182.440(a). (9) ASTM D 2863–95, Standard Method for Measuring the Minimum Oxygen Concentration to Support Candle-Like Combustion of Plastics (Oxygen Index) (‘‘ASTM D 2863’’), IBR approved for § 182.440(a). (10) ASTM E 84–98, Standard Test Method for Surface Burning Characteristics of Building Materials (‘‘ASTM E 84’’), IBR approved for § 177.410(a) and (b). (f) DLA Document Services, Building 4D, 700 Robbins Avenue, Philadelphia, PA 19111, https://quicksearch.dla.mil. (1) Military Specification MIL–P– 21929C, Plastic Material, Cellular Polyurethane, Foam-in-Place, Rigid (2 and 4 pounds per cubic foot), 1991 (‘‘NPFC MIL–P–21929C’’), IBR approved for § 179.240(b). (2) Military Specification MIL–R– 21607E(SH), Resins, Polyester, Low Pressure Laminating, Fire Retardant (‘‘NPFC MIL–R–21607E(SH)’’), 1990 IBR approved for § 177.410. (g) Institute of Electrical and Electronics Engineers, Inc. (IEEE), IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 800–678–4333, https://www.ieee.org. (1) Standard 45–1977, Recommended Practice for Electrical Installations on Shipboard (‘‘IEEE 45–1977’’), IBR approved for § 183.340(o). (2) [Reserved] (h) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https:// www.imo.org. (1) Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel LifeSaving Appliances and Arrangements, dated 17 November 1983 (‘‘IMO Resolution A.520(13)’’), IBR approved for § 175.540(c). (2) Resolution A.658(16), Use and Fitting of Retro-Reflective Materials on Life-Saving Appliances, dated 20 November 1989 (‘‘IMO Resolution A. 658(16)’’), IBR approved for § 185.604(h) and (i). (3) Resolution A.688(17), Fire Test Procedures For Ignitability of Bedding Components (‘‘IMO Resolution A. 688(17)’’), dated 6 November 1991, IBR approved for § 177.405(g). (4) Resolution A.760(18), Symbols Related to Life-Saving Appliances and Arrangements (‘‘IMO Resolution A.760(18)’’), dated 17 November 1993, IBR approved for § 185.604(f). PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 48297 (5) International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum, IBR approved for § 177.420. (i) International Organization for Standardization (ISO), Case postale 56, CH–1211 Geneva 20, Switzerland, +41 22 749 01 11, https://www.iso.org. (1) ISO 8846, Small Craft-Electrical Devices-Protection Against Ignition of Surrounding Flammable Gases, December 1990 (‘‘ISO 8846’’), IBR approved for § 182.500(b). (2) ISO 8849, Small Craft-Electrically Operated Bilge Pumps, December 15, 1990 (‘‘ISO 8849’’), IBR approved for § 182.500(b). (j) Lloyd’s Register of Shipping, 71 Fenchurch Street, London EC3M 4BS, +44 (0)20 7709 9166, https://www.lr.org. (1) Rules and Regulations for the Classification of Yachts and Small Craft, as amended through 1983 (‘‘Lloyd’s Yachts and Small Craft’’), IBR approved for § 177.300(a). (2) [Reserved] (k) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 176.810(b). (2) NFPA 17–1994, Dry Chemical Extinguishing Systems, 1994 Edition, IBR approved for § 181.425(b). (3) NFPA 17A–1994, Wet Chemical Extinguishing Systems, 1994 Edition, IBR approved for § 181.425(b). (4) NFPA 70–1996, National Electrical Code (NEC), 1996 Edition, IBR approved for §§ 183.320(d) and (e), 183.340(d) and (o), and 183.372(c). (5) NFPA 302–1994, Pleasure and Commercial Motor Craft, Chapter 6, 1994 Edition, IBR approved for §§ 184.200 and 184.240(a) through (c), (d) and (h). (6) NFPA 306–1993, Control of Gas Hazards on Vessels, 1993 Edition, IBR approved for § 176.710(a). (7) NFPA 1963–1989, Fire Hose Connections, 1989 Edition, IBR approved for § 181.320(b). (l) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 15096, 724–776–4841, https://www.sae.org. (1) SAE J–1475, Hydraulic Hose Fittings For Marine Applications, 1984 (‘‘SAE J–1475’’), IBR approved for § 182.720(e). (2) SAE J–1928, Devices Providing Backfire Flame Control for Gasoline Engines in Marine Applications, August 1989 (‘‘SAE J–1928’’), IBR approved for § 182.415(c). E:\FR\FM\22JYR2.SGM 22JYR2 48298 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations ehiers on DSK5VPTVN1PROD with RULES2 (3) SAE J–1942, Hose and Hose Assemblies for Marine Applications, 1992 (‘‘SAE J–1942’’), IBR approved for § 182.720(e). (m) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919–549–1400, https:// www.ul.com. (1) UL 19—Standard for Safety for Lined Fire Hose and Hose Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved for § 181.320(b). (2) UL 174–1989, as amended through June 23, 1994, Household Electric Storage Tank Heaters (‘‘UL 174’’), IBR approved for § 182.320(a). (3) UL 217–1998, Single and Multiple Station Smoke Detectors (‘‘UL 217’’), IBR approved for § 181.450(a). (4) UL 486A–1992, Wire Connectors and Soldering Lugs For Use With Copper Conductors (‘‘UL 486A’’), IBR approved for § 183.340(i). (5) UL 489–1995, Molded-Case Circuit Breakers and Circuit Breaker Enclosures (‘‘UL 489’’), IBR approved for § 183.380(m). (6) UL 595–1991, Marine Type Electric Lighting Fixtures (‘‘UL 595’’), IBR approved for § 183.410(d). (7) UL 710–1990, as amended through September 16, 1993, Exhaust Hoods For Commercial Cooking Equipment (‘‘UL 710’’), IBR approved for § 181.425(a). (8) UL 1058–1989, as amended through April 19, 1994, Halogenated Agent Extinguishing System Units (‘‘UL 1058’’), IBR approved for § 181.410(g). (9) UL 1102–1992, Non integral Marine Fuel Tanks (‘‘UL 1102’’), IBR approved for § 182.440(a). (10) UL 1110–1988, as amended through May 16, 1994, Marine Combustible Gas Indicators (‘‘UL 1110’’), IBR approved for § 182.480(a). (11) UL 1111–1988, Marine Carburetor Flame Arresters (‘‘UL 1111’’), IBR approved for § 182.415(c). (12) UL 1113, Electrically Operated Pumps for Nonflammable Liquids, Marine, Third Edition (Sep. 4, 1997) (‘‘UL 1113’’), IBR approved for § 182.520(e). (13) UL 1453–1988, as amended through June 7, 1994, Electric Booster and Commercial Storage Tank Water Heaters (‘‘UL 1453’’), IBR approved for § 182.320(a). (14) UL 1570–1995, Fluorescent Lighting Fixtures (‘‘UL 1570’’), IBR approved for § 183.410(d). VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 (15) UL 1571–1995, Incandescent Lighting Fixtures (‘‘UL 1571’’), IBR approved for § 183.410(d). (16) UL 1572–1995, High Intensity Discharge Lighting Fixtures (‘‘UL 1572’’), IBR approved for § 183.410(d). (17) UL 1573–1995, Stage and Studio Lighting Units (‘‘UL 1573’’), IBR approved for § 183.410(d). (18) UL 1574–1995, Track Lighting Systems (‘‘UL 1574’’), IBR approved for § 183.410(d). PART 176—INSPECTION AND CERTIFICATION 254. The authority citation for part 176 continues to read as follows: ■ Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 255. Revise § 176.810 to read as follows: ■ § 176.810 Fire protection. (a) At each initial and subsequent inspection for certification, the owner or managing operator must be prepared to conduct tests and have the vessel ready for inspection of its fire protection equipment, including the following: (1) Inspection of each portable fire extinguisher, semi-portable fire extinguisher, and fixed gas fire extinguishing system to check for excessive corrosion and general condition; (2) Inspection of piping, controls, and valves, and the inspection and testing of alarms and ventilation shutdowns, for each fixed gas fire extinguishing system and detection system to determine that the system is in operating condition; (3) Operation of the fire main system and checking of the pressure at the most remote and highest outlets; (4) Testing of each firehose to a test pressure equivalent to its maximum service pressure; (5) Checking of each cylinder containing compressed gas to ensure it has been tested and marked in accordance with 46 CFR 147.60; (6) Testing or renewal of flexible connections and discharge hoses on semi-portable extinguishers and fixed gas extinguishing systems in accordance with 46 CFR 147.65; and PO 00000 Frm 00080 Fmt 4701 Sfmt 4700 (7) Inspection and testing of all smoke and fire detection systems, including sensors and alarms. (b) The owner, managing operator, or a qualified servicing facility as applicable must conduct the following inspections and tests: (1) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 175.600 of this chapter) as amended here: (i) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (ii) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (iii) Non-rechargeable or nonrefillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-incharge, or a designated member of the crew. (iv) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. (2) For fixed-gas fire extinguishing systems, the inspections and tests required by Table 176.810(b) of this section, in addition to the tests required by 46 CFR 147.60 and 147.65. The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility may be required to perform the required inspections, maintenance procedures, and hydrostatic pressure tests. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 48299 TABLE 176.810(b)—FIXED FIRE EXTINGUISHING SYSTEMS Type system Test Carbon dioxide ................................ Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of charge. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses and nozzles to be sure they are clean. Weigh cylinders. Recharge if weight loss exceeds 5 percent of weight of charge. If the system has a pressure gauge, also recharge if pressure loss (adjusted for temperature) exceeds 10 percent. Test time delays, alarms and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses and nozzles to be sure they are clean. Examine pressure cartridge and replace if end is punctured or if determined to have leaked or to be in unsuitable condition. Inspect hose and nozzle to see if they are clear. Insert charged cartridge. Ensure extinguisher contains full charge. See that pressure gauge is in operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with dry chemical. Recharge if pressure is low or if dry chemical is needed. See that pressure gauge, if so equipped, is in the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge if pressure is low or if foam is needed. Replace premixed agent every 3 years. Same as Halon. Halon ............................................... Dry Chemical (cartridge operated) Dry Chemical (stored pressure) ...... Foam (stored pressure) .................. Clean Agents (Halon replacements) (c) The owner, managing operator, or master must destroy, in the presence of the marine inspector, each firehose found to be defective and incapable of repair. (d) At each initial and subsequent inspection for certification, the marine inspector may require that a fire drill be held under simulated emergency conditions to be specified by the inspector. PART 177—CONSTRUCTION AND ARRANGEMENT 256. The authority citation for part 177 continues to read as follows: 257. Amend § 177.410 by revising paragraph (c)(3) to read as follows: ■ ehiers on DSK5VPTVN1PROD with RULES2 Jkt 238001 Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 260. Revise § 181.120 to read as follows: Structural fire protection. 15:24 Jul 21, 2016 259. The authority citation for part 181 continues to read as follows: ■ * * * * (c) * * * (3) Fire detection and extinguishing systems. (i) Fire detection and extinguishing systems must be installed in compliance with §§ 181.400 through 181.420 of this subchapter. (ii) All fiber reinforced plastic (FRP) vessels constructed with general purpose resins must be fitted with a smoke activated fire detection system of an approved type, installed in accordance with § 76.27 in subchapter H of this chapter, in— (A) Accommodation spaces; (B) Service spaces; and (C) Isolated spaces that contain an ignition source as defined in § 175.400 of this chapter. * * * * * VerDate Sep<11>2014 Vessels meeting the structural fire protection requirements of SOLAS, Chapter II–2, Regulations 5, 6, 8, 9, and 11 (incorporated by reference, see § 175.600 of this chapter) may be considered equivalent to the provisions of this subpart. (2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. ■ 261. In § 181.310— ■ a. In paragraphs (a) and (c), remove the words ‘‘fire hose’’ wherever they appear and add, in their place, the word ‘‘firehose’’. ■ b. Add paragraph (d) to read as follows: ■ Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. * § 177.420 Vessels complying with SOLAS structural fire protection requirements. PART 181—FIRE PROTECTION EQUIPMENT ■ § 177.410 258. Add § 177.420 to subpart D to read as follows: ■ § 181.120 required. Equipment installed but not (a) Fire extinguishing equipment installed on a vessel in excess of the requirements of §§ 181.400 and 181.500 must be designed, constructed, installed, and maintained in accordance with a recognized industry standard acceptable to the Commandant (CG– ENG–4). (b) Use of non-approved fire detection systems may be acceptable as excess equipment provided that— (1) Components are listed by an independent, nationally recognized testing laboratory as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; PO 00000 Frm 00081 Fmt 4701 Sfmt 4700 § 181.310 Fire main and hydrants. * * * * * (d) Spanner wrenches must be provided where a 40 millimeter (1.5 inch) diameter firehose is required by § 181.320(b). Existing vessels as of July 22, 2016 have 180 days to comply with this requirement. Subpart D—Fixed Fire Extinguishing and Detection Systems 262. Revise the heading for subpart D to read as set forth above. ■ 263. Amend § 181.400 as follows: ■ a. Revise the section heading; ■ b. In paragraph (b)(3), remove the text ‘‘B–II’’ and add, in its place, the text ‘‘40–B’’; ■ c. In paragraph (b)(5) introductory text, remove the word ‘‘semiportable’’ and add, in its place, the word ‘‘semiportable’’; ■ d. In paragraphs (b)(5)(i), (b)(5)(ii), and (b)(5)(iii), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ e. Remove paragraphs (c) through (g). The revision reads as follows: ■ E:\FR\FM\22JYR2.SGM 22JYR2 48300 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations § 181.400 Spaces required to have fixed fire extinguishing systems. * ■ * * * * 264. Add § 181.405 to read as follows: § 181.405 Spaces required to have fire detection systems. (a) The following spaces must be equipped with a fire detection and alarm system of an approved type installed in accordance with 46 CFR part 76, except when a fixed-gas fire extinguishing system that is capable of automatic discharge upon heat detection is installed or when the space is manned: (1) A space containing propulsion machinery. (2) A space containing an internal combustion engine of more than 50 hp. (3) A space containing an oil-fired boiler. (4) A space containing machinery powered by gasoline or any other fuels having a flash point of 43.3 °C (110 °F) or lower. (5) A space containing a fuel tank for gasoline or any other fuel having a flash point of 43.3 °C (110 °F) or lower. (b) All griddles, broilers, and deep fat fryers must be fitted with a grease extraction hood in compliance with § 181.425. (c) Each overnight accommodation space on a vessel with overnight accommodations for passengers must be fitted with an independent modular smoke detection and alarm unit in compliance with § 181.450. (d) An enclosed vehicle space must be fitted with an automatic sprinkler system that meets the requirements of 46 CFR part 76 and a fire detection and alarm system of an approved type that is installed in accordance with 46 CFR part 76. (e) A partially enclosed vehicle space must be fitted with a manual sprinkler system that meets the requirements of 46 CFR part 76. § 181.410 [Amended] 265. Amend § 181.410 as follows: a. In paragraph (f)(5)(i), after the words ‘‘must be equal to the gross volume of the system’’, add the words ‘‘in cubic meters’’; remove the number ■ ■ ‘‘160’’ and add, in its place, the number ‘‘0.624’’; and remove the number ‘‘192’’ and add, in its place, the number ‘‘0.749’’; and ■ b. In paragraph (f)(6)(i), remove the number ‘‘480’’ and add, in its place, the number ‘‘1.88’’. ■ 266. Revise § 181.500 to read as follows: § 181.500 location. Required number, type, and (a) Each portable fire extinguisher on a vessel must be of an approved type. The minimum number of portable fire extinguishers required on a vessel must be acceptable to the cognizant Officer in Charge, Marine Inspection, but must not be fewer than the minimum number required by Table 181.500(b) and other provisions of this section. (b) Table 181.500(b) of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. TABLE 181.500(b)—REQUIRED PORTABLE FIRE EXTINGUISHERS Portable fire extinguishers Space Minimum required rating Operating Station ....................................................................... Machinery Space ....................................................................... Open Vehicle Deck .................................................................... Accommodation Space .............................................................. 10–B:C ............. 40–B:C ............. 40–B ................. 2–A ................... Galley ......................................................................................... Pantry, concession stand .......................................................... 40–B:C ............. 2–A ................... (c) A vehicle deck without a fixed sprinkler system and exposed to weather must have one 40–B portable fire extinguisher for every five vehicles, located near an entrance to the space. (d) The frame or support of each semiportable fire extinguisher permitted by paragraph (a) of this section must be welded or otherwise permanently attached to a bulkhead or deck. PART 182—MACHINERY INSTALLATION 267. The authority citation for part 182 continues to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 Nonmetallic piping materials. (a) Rigid nonmetallic materials (plastic) may be used only non-vital systems and in accordance with paragraphs (c) and (d) of this section. Alternatively, piping systems meeting the requirements of § 56.60–25(a) of this chapter may be used, provided that the installation requirements of paragraphs (c) and (d) of this section are met. * * * * * 269. The authority citation for part 185 continues to read as follows: ■ Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 268. Revise § 182.720(a) to read as follows: ■ 15:24 Jul 21, 2016 1. 1 in the vicinity of the exit. 1 for every 10 vehicles. 1 each for each 2,500 square feet (762 meters) or fraction thereof. 1. 1 in the vicinity of the exit. PART 185—OPERATIONS ■ VerDate Sep<11>2014 § 182.720 Quantity and location Jkt 238001 Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. ■ PO 00000 270. In § 185.612— Frm 00082 Fmt 4701 Sfmt 4700 a. In paragraph (d), remove the word ‘‘alarm’’ and add, in its place, the word ‘‘indicator’’; and ■ b. Revise paragraph (e) to read as follows: ■ § 185.612 Fire protection equipment. * * * * * (e) An indicator for a fire detection and alarm system must be conspicuously marked in clearly legible letters ‘‘FIRE ALARM’’. * * * * * PART 188—GENERAL PROVISIONS 271. The authority citation for part 188 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1–105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b). E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 272. In § 188.01–3, add a sentence to the end of the section to read as follows: ■ § 188.01–3 Scope of regulations. * * * The regulations in this subchapter (parts 188, 189, 190, and 193 through 196) have preemptive effect over State or local regulations in the same field. ■ 273. Add § 188.01–5 to read as follows: § 188.01–5 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 189.25–20(a). (2) [Reserved] PART 189—INSPECTION AND CERTIFICATION 274. The authority citation for part 189 continues to read as follows: Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 3307; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. 275. Amend § 189.25–20 as follows: a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. In paragraph (a) introductory text, remove the third sentence; and ■ c. Revise paragraph (a)(1) to read as follows: ■ ■ ehiers on DSK5VPTVN1PROD with RULES2 Fire extinguishing equipment. (a) * * * (1) All portable fire extinguishers and semi-portable fire extinguishing systems must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 188.01–5 of this chapter) as amended here: VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 PART 190—CONSTRUCTION AND ARRANGEMENT 276. The authority citation for part 190 continues to read as follows: ■ Authority: 46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. ■ § 189.25–20 (i) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (ii) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (iii) Non-rechargeable or nonrefillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-incharge, or a designated member of the crew. (iv) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. * * * * * 277. Amend § 190.07–1 as follows: a. In paragraphs (a) and (b)— ■ i. Remove the words ‘‘and over’’ and add, in their place, the words ‘‘or more’’; and ■ ii. Remove the word ‘‘shall.’’ ■ b. In paragraph (c), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ c. In paragraph (d), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ d. Add paragraph (e) to read as follows: ■ ■ § 190.07–1 Application. * * * * * (e) Structural fire protection requirements in § 92.07–1(c) of this chapter may be considered equivalent to the provisions of this subpart. PO 00000 Frm 00083 Fmt 4701 Sfmt 4700 48301 PART 193—FIRE PROTECTION EQUIPMENT 278. The authority citation for part 193 continues to read as follows: ■ Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 279. Revise § 193.01–3(a) and (c) to read as follows: ■ § 193.01–3 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to https://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. * * * * * (c) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, https://www.nfpa.org. (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for § 193.30–1. (2) [Reserved] ■ 280. Amend § 193.01–5 as follows: ■ a. In paragraph (a), after the words ‘‘vessels of less than 300 gross tons, where’’, remove the words ‘‘fire detecting or’’; and remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ b. Add paragraph (b) to read as follows: § 193.01–5 required. * Equipment installed but not * * * * (b) Use of non-approved fire detection systems may be acceptable as excess equipment provided that— (1) Components are listed by an independent, nationally recognized testing laboratory as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance; (2) Installation conforms to the requirements of 46 CFR chapter I, E:\FR\FM\22JYR2.SGM 22JYR2 48302 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations subchapter J (Electrical Engineering), especially the hazardous location electrical installation regulations in 46 CFR 111.105; and (3) Coast Guard plan review is completed for wiring plans. ■ 281. In § 193.10–5— ■ a. Revise the section heading and paragraph (a); ■ b. In paragraph (b), after the words ‘‘On vessels of 1,000 gross tons’’, remove the words ‘‘and over’’ and add, in their place, the words ‘‘or more’’; and remove the word ‘‘shall’’ in the first sentence and add, in its place, the word ‘‘must’’; ■ c. In paragraph (c), remove the word ‘‘five’’ and add, in its place, the word ‘‘fire’’; and remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ d. In paragraphs (d), (e), and (g), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; ■ e. In paragraph (f), remove the word ‘‘shall’’ in the second sentence and add, in its place, the word ‘‘may’’, and remove the word ‘‘shall’’ in the third sentence and add, in its place, the word ‘‘must’’; ■ f. Revise paragraph (h); and ■ g. In paragraph (i)(1)(ii), remove the section number ‘‘§ 193.10–5(i)(1)(i)’’ and add, in its place, the section number ‘‘§ 193.10–5(i)(1)(i)(B)’’. The revisions read as follows: § 193.10–5 Fire pumps. (a) Vessels must be equipped with independently driven fire pumps in accordance with Table 193.10–5(a) of this section. TABLE 193.10–5(a)—REQUIRED FIRE PUMP SYSTEM Gross tons Minimum number of pumps Over Not over .......................................................................................... 100 ....................................................................................... 1,000 .................................................................................... 1,500 .................................................................................... 100 1,000 1,500 ........................ Hose and hydrant size, inches Nozzle orifice size, inches 11 11 1⁄2 1 1⁄2 1 2 2 11⁄2 1 1 ⁄2 2 21⁄2 Length of hose, feet ⁄ 5⁄8 2 7⁄8 58 50 50 50 2 50 1 On vessels of 65 feet (19.8 meters) in length or less, 3⁄4 inch hose of good commercial grade together with a commercial garden hose nozzle may be used. The pump may be hand operated and the length of hose must be sufficient to assure coverage of all parts of the vessel. 2 75 feet (22.86 meters) of 11⁄2 inch hose and 5⁄8 inch nozzle may be used where specified by § 193.10–10(b) for interior locations and 50 feet (15.24 meters) of 11⁄2 inch hose may be used in exterior locations on vessels in other than ocean or coastwise services. Vessels on ocean or coastwise services may substitute two 11⁄2 inch outlets with two 11⁄2 inch hoses supplied through a wye connection in exterior locations. ehiers on DSK5VPTVN1PROD with RULES2 * * * * * (h) Where two fire pumps are required on vessels with main or auxiliary oilfired boilers or with internal combustion propulsion machinery, the pumps must be located in separate spaces. The pumps, sea connections, and sources of power must be arranged to ensure that a fire in any one space will not put all of the fire pumps out of operation. However, where it is shown to the satisfaction of the Commandant that it is unreasonable or impracticable to meet this requirement, the installation of a fixed fire extinguishing system may be accepted as an alternate method of extinguishing any fire that would affect the powering and operation for the required fire pumps. * * * * * ■ 282. In § 193.10–10— ■ a. Remove the word ‘‘shall’’ wherever it appears and add, in its place, the word ‘‘must’’; ■ b. In paragraph (a), after the words ‘‘as noted in Table 193.10–5(a)’’, add the words ‘‘of this subpart’’; ■ c. Revise paragraph (b); ■ d. In paragraph (c), remove the words ‘‘and over’’ wherever they appear and add, in their place, the words ‘‘or more’’; ■ e. In paragraph (g), after the words ‘‘with nozzle attached and a spanner’’, add the word ‘‘wrench’’; ■ f. In paragraph (h), remove the words ‘‘Fire hose’’ and add, in their place, the word ‘‘Firehoses’’; VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 g. In paragraph (j)(1), after the words ‘‘and in the immediate vicinity of each laboratory;’’, add the word ‘‘and’’; ■ h. In paragraph (j)(2), remove the number ‘‘1000’’ and add, in its place, the number ‘‘1,000’’; and ■ i. In paragraph (m)(3), after the words ‘‘is permitted by Table 193.10–5(a)’’, add the words ‘‘of this subpart’’; and ■ j. In paragraph (m)(4), remove the words ‘‘fire hose’’ wherever they appear and add, in their place, the word ‘‘firehose’’. The revision reads as follows ■ § 193.10–10 Fire hydrants and hose. * * * * * (b) In 21⁄2-inch hose and hydrants specified in Table 193.10–5(a) of this subpart, on vessels of more than 1,500 gross tons, the hydrants in interior locations may have wye connections for 11⁄2-inch hose. In these cases, the hose must be 75 feet (22.86 meters) in length, and only one hose will be required at each fire station; however, if all such stations can be satisfactorily served with 50-foot lengths, 50-foot hose may be used. The hydrants for exterior locations may substitute two 11⁄2-inch outlets, each with a 11⁄2-inch hose, supplied through a wye connection. * * * * * ■ 283. Revise § 193.30–1 to read as follows: § 193.30–1 Application Automatic sprinkling systems must comply with Chapter 25 of NFPA 13 PO 00000 Frm 00084 Fmt 4701 Sfmt 4700 (incorporated by reference, see § 193.01–3). § 193.50–1 [Amended] 284. Amend § 193.50–1 as follows: a. In paragraph (a), remove the word ‘‘shall’’; ■ b. In paragraphs (b) and (c), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; and ■ c. In paragraph (c), remove the word ‘‘semiportable’’ and add, in its place, the word ‘‘semi-portable’’. ■ ■ § 193.50–5 [Removed] 285. Remove § 193.50–5. ■ 286. Revise § 193.50–10 to read as follows: ■ § 193.50–10 Location. (a) Approved portable fire extinguishers and semi-portable fire extinguishing systems must be installed in accordance with Table 193.50–10(a) of this section. The location of the equipment must be to the satisfaction of the Officer in Charge, Marine Inspection (OCMI). Nothing in this paragraph must be construed as limiting the OCMI from requiring such additional equipment as he or she deems necessary for the proper protection of the vessel. (b) Table 193.50–10(a) indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. E:\FR\FM\22JYR2.SGM 22JYR2 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations (c) Semi-portable fire extinguishing systems must be located in the open so as to be readily seen. (d) If portable fire extinguishers are not located in the open or behind glass so that they may be readily seen, they may be placed in enclosures together 48303 with the firehose, provided such enclosures are marked as required by § 196.37–15 of this subchapter. TABLE 193.50–10(a)—CARRIAGE OF PORTABLE FIRE EXTINGUISHER AND SEMI-PORTABLE FIRE EXTINGUISHING SYSTEMS Minimum required rating Space Quantity and location Safety Areas Wheelhouse or fire control room ............................................... Stairway and elevator enclosures ............................................. Communicating corridors ........................................................... ........................... ........................... 2–A ................... Lifeboat embarkation and lowering stations .............................. Radio room ................................................................................ ........................... 20–B:C1 ............ None. None. 1 in each main corridor not more than 150 ft apart. (May be located in stairways.) None. 2 in the vicinity of the exit.1 Accommodations Staterooms, toilet spaces, public spaces, offices, lockers, isolated storerooms, pantries, open decks, etc. ........................... None. Service Spaces Galleys ....................................................................................... 40–B:C ............. 1 for each 2,500 sq ft or fraction thereof. Machinery Spaces Paint and lamp rooms ............................................................... Accessible baggage, mail, and specie rooms, and storerooms 40–B ................. 2–A ................... Carpenter shop and similar spaces ........................................... Coal-fired boilers: Bunker and boiler space .............................. Oil-fired boilers: Spaces containing oil-fired boilers, either main or auxiliary, or their fuel-oil units. 2–A ................... ........................... 40–B ................. Internal combustion or gas turbine propelling machinery spaces. Electric propulsive motors or generators of open type ............. Enclosed ventilating systems for motors and generators of electric propelling machinery. 160–B ............... 40–B ................. 120–B ............... 40–B:C ............. ........................... 1 outside space in the vicinity of the exit. 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. 1 outside the space in the vicinity of the exit. None. 2 required.2 1 required.3 1 for each 1,000 brake horsepower, but not fewer than 2 nor more than 6.4 1 required.5 6 1 for each propulsion motor or generator unit. None. Auxiliary Spaces Internal combustion gas turbine ................................................ Electric emergency motors or generators ................................. Steam ......................................................................................... Trunks to machinery spaces ..................................................... Fuel tanks .................................................................................. 40–B ................. 40–B:C ............. ........................... ........................... ........................... 1 outside the space in vicinity of the exit.6 1 outside the space in vicinity of the exit.7 None required. None required. None required. Scientific Spaces Chemistry laboratory or scientific laboratory ............................. 40–B:C ............. Chemical storeroom ................................................................... 40–B:C ............. 2 for each 300 sq ft of deck space or fraction thereof, with one (1) of each kind located in the vicinity of the exit. Same as for the chemistry laboratory. Spare Units 2–A ................... 40–B:C ............. 10 percent of required units rounded up. 10 percent of required units rounded up. 1 For vessels on an international voyage, substitute one 40–B:C in vicinity of the exit. of fewer than 1,000 GT require one. of fewer than 1,000 GT may substitute one 120–B. 4 Only one required for motorboats. 5 If oil burning donkey boiler fitted in space, the 160–B previously required for the protection of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed. 6 Not required on vessels of fewer than 300 GT if fuel has a flash-point higher than 110 °F. 7 Not required on vessels of fewer than 300 GT. 2 Vessels ehiers on DSK5VPTVN1PROD with RULES2 3 Vessels (e) Portable fire extinguishers and their stations must be numbered in VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 accordance with § 196.37–15 of this subchapter. PO 00000 Frm 00085 Fmt 4701 Sfmt 4700 (f) Portable or semi-portable extinguishers, which are required on their nameplates to be protected from E:\FR\FM\22JYR2.SGM 22JYR2 48304 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations freezing, must not be located where freezing temperatures may be expected. § 193.50–80 Locations and number of fire extinguishers required for vessels constructed prior to August 22, 2016. § 193.50–15 Vessels contracted for prior to August 22, 2016, must meet the following requirements: (a) Previously installed extinguishers with extinguishing capacities smaller than what is required in Table 193.50– 10(a) of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. ■ 290. Revise § 193.50–90 to read as follows: [Removed] 287. Remove § 193.50–15. ■ 288. In § 193.50–20: ■ a. Revise the section heading; ■ b. In paragraphs (a) and (b), remove the words ‘‘size III, IV, and V’’ and add, in their place, the word ‘‘semiportable’’, and after the words ‘‘required by Table 193.50–10(a)’’, add the words ‘‘of this subpart’’; and ■ c. Add paragraph (c). The revision and addition read as follows: ■ § 193.50–20 Semi-portable fire extinguishers. * * * * * (c) Semi-portable extinguishers must be fitted with suitable hose and nozzle, or other practicable means, so that all areas of the space can be protected. 289. Add § 193.50–80 to read as follows: ehiers on DSK5VPTVN1PROD with RULES2 ■ VerDate Sep<11>2014 15:24 Jul 21, 2016 Jkt 238001 § 193.50–90 Vessels contracted for prior to March 1, 1968. (a) Vessels contracted for prior to March 1, 1968, must meet the following requirements: (1) Except as specifically modified by this paragraph, the requirements of § 193.50–10 must be complied with PO 00000 Frm 00086 Fmt 4701 Sfmt 9990 insofar as the number and general type of equipment is concerned. (2) Existing installations previously approved, but not meeting the applicable requirements of § 193.50–10, may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection, and they are in general agreement with the degree of safety prescribed by Table 193.50–10(a) of this subpart. Minor modifications may be made to the same standard as the original installation, provided that in no case will a greater departure from the standards of Table 193.50–10(a) of this subpart be permitted than presently exists. (3) All new equipment and installations must meet the applicable requirements in this subpart for new vessels. Dated: June 22, 2016. J. G. Lantz, Director of Commercial Regulations and Standards, U. S. Coast Guard. [FR Doc. 2016–15229 Filed 7–21–16; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\22JYR2.SGM 22JYR2

Agencies

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Rules and Regulations]
[Pages 48219-48304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15229]

[[Page 48219]]

Vol. 81

Friday,

No. 141

July 22, 2016

Part III

Department of Homeland Security

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Coast Guard

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33 CFR Parts 140, 145, 148, et al.

46 CFR Parts 25, 27, 28, et al.

Harmonization of Standards for Fire Protection, Detection, and
Extinguishing Equipment; Final Rule

Federal Register / Vol. 81 , No. 141 / Friday, July 22, 2016 / Rules
and Regulations

[[Page 48220]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 140, 145, 148, and 149

46 CFR Parts 25, 27, 28, 30, 31, 32, 34, 50, 56, 70, 71, 72, 76,
78, 90, 91, 92, 95, 107, 108, 113, 114, 115, 116, 118, 122, 125,
132, 147, 159, 160, 161, 162, 164, 167, 169, 175, 176, 177, 181,
182, 185, 188, 189, 190, and 193

[Docket No. USCG-2012-0196]
RIN 1625-AB59

Harmonization of Standards for Fire Protection, Detection, and
Extinguishing Equipment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing a final rule for certain design and
approval standards for fire protection, detection, extinguishing
equipment, and materials on inspected and uninspected vessels, outer
continental shelf facilities, deepwater ports, and mobile offshore
drilling units. This rule harmonizes Coast Guard approval processes for
fire detection and alarm systems, and revises Coast Guard regulations
for other types of equipment, materials, and components, such as
spanner wrenches, non-metallic pipes, and sprinkler systems. This rule
ensures Coast Guard regulations remain current and addresses advances
in technology.

DATES: This final rule is effective August 22, 2016. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register on August 22, 2016.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2012-0196. You may find this docket on the
Internet by going to https://www.regulations.gov, inserting USCG-2012-
0196 in the ``Keyword'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Laurence E. Fisher, Office of Design and Engineering
Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard;
telephone 202-372-1447, email Laurence.E.Fisher@uscg.mil.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Executive Summary
A. Purpose of the Final Rule
B. Summary of the Major Provisions
III. Regulatory History
IV. Discussion of Comments and Changes
A. Comments Concerning Fire Alarm and Detection Systems
B. Comments Concerning Fire Extinguishers
C. Comments Concerning Other Fire Protection Equipment
D. General Comments
V. Summary of Changes from NPRM
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards and 1 CFR part 51
M. Coast Guard Authorization Act
N. Environment

I. Abbreviations

AHJ Authority having jurisdiction
ANSI American National Standards Institute
BLS Bureau of Labor Statistics
BSEE Bureau of Safety and Environmental Enforcement
CFR Code of Federal Regulations
EC European Community
E.O. Executive Order
FM FM Global
FR Federal Register
GT Gross Tons
FSS Code International Code for Fire Safety Systems
IMO International Maritime Organization
MISLE Marine Information for Safety and Law Enforcement
MODU Mobile Offshore Drilling Unit
MRA Mutual Recognition Agreement
MSC Marine Safety Committee
NAICS North American Industry Classification System
NFPA National Fire Protection Association
NPRM Notice of proposed rulemaking
NRTL Nationally Recognized Testing Laboratory
OCMI Officer in Charge, Marine Inspection
OCS Outer Continental Shelf
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
RA Regulatory Analysis
Sec. Section Symbol
SOLAS International Convention for the Safety of Life at Sea
UL Underwriters Laboratory
U.S.C. United States Code

II. Executive Summary

A. Purpose of the Final Rule

This final rule updates Coast Guard regulations pertaining to
certain design and approval standards for fire detection and alarm
systems, fire extinguishers, and other fire prevention equipment used
on inspected and uninspected vessels, Outer Continental Shelf (OCS)
facilities, deepwater ports, and mobile offshore drilling units
(MODUs). These updates harmonize our regulations with national and
international industry consensus standards, and incorporate other
advances in fire protection technologies and standards.
The basis of this regulatory action is the Secretary of Homeland
Security's regulatory authority under the following statutes: Section
1333 of Title 43, United States Code (U.S.C), mandates the issuance of
safety equipment regulations for OCS facilities; 46 U.S.C. 3306
mandates the issuance of fire fighting material and equipment
regulations for Coast Guard-inspected vessels and the issuance of
structural fire protection and equipment regulations for small
passenger vessels; 46 U.S.C. 3703 mandates fire fighting equipment and
material regulations for vessels carrying liquid bulk dangerous
cargoes; 46 U.S.C. 4102 authorizes marine safety equipment regulations
for fire extinguishers, life preservers, engine flame arrestors, engine
ventilation, and emergency locating equipment on uninspected vessels,
and authorizes regulations, after consultation with the Towing Safety
Advisory Committee, for fire protection and suppression measures on
towing vessels; 46 U.S.C. 4302 authorizes safety equipment such as fire
fighting equipment regulations for recreational vessels; and 46 U.S.C.
4502 mandates fire extinguisher regulations for some uninspected
commercial fishing vessels and authorizes safety equipment regulations
for certain other uninspected commercial fishing vessels. Section 1509
of Title 33, U.S.C., authorizes the Coast Guard to promulgate
regulations for safety equipment relating to the promotion of safety of
life and property in deepwater ports. The Secretary of Homeland
Security has delegated these statutory authorities to the Coast Guard
through Delegation No. 0170.1.
Under the statutory authorities listed above, the Coast Guard is
authorized to develop and maintain standards for fire protection,
detection, extinguishing equipment, and materials on inspected and
uninspected vessels, OCS facilities, deepwater ports, and MODUs. The
Coast Guard implements these authorities through regulations specified
in Table 1. Table 1 lists the subchapters in Titles 33 and 46 of the
Code of Federal Regulations (CFR) affected by this regulatory action
(collectively referred to as ``affected subchapters''), and provides a
breakdown of each subchapter by subject matter.

[[Page 48221]]

Table 1--Affected Subchapters
----------------------------------------------------------------------------------------------------------------
CFR title Subchapter Parts Topic
----------------------------------------------------------------------------------------------------------------
33................................. N 140-147............... Outer Continental Shelf
Activities.
33................................. NN 148-150............... Deepwater Ports.
46................................. C 24-28................. Uninspected Vessels.
46................................. D 30-39................. Tank Vessels.
46................................. F 50-64................. Marine Engineering.
46................................. H 70-89................. Passenger Vessels.
46................................. I 90-105................ Cargo and Miscellaneous
Vessels.
46................................. I-A 107-109............... Mobile Offshore Drilling
Units.
46................................. J 110-113............... Electrical Engineering.
46................................. K 114-124............... Small Passenger Vessels
Carrying more than 150
Passengers or Vessels
with Overnight
Accommodations for more
than 49 Passengers.
46................................. L 125-139............... Offshore Supply Vessels.
46................................. N 140-149............... Dangerous Cargoes.
46................................. Q 159-165............... Equipment, Construction
and Material
Specifications and
Approval.
46................................. R 166-169............... Nautical Schools.
46................................. T 175-187............... Small Passenger Vessels
(Under 100 Gross Tons
(GT)).
46................................. U 188-196............... Oceanographic Research
Vessels.
----------------------------------------------------------------------------------------------------------------

B. Summary of the Major Provisions

The major provisions of this regulatory action harmonize Coast
Guard regulations with national and international industry consensus
standards and update Coast Guard regulations to incorporate advances in
fire protection technology for specific types of fire protection,
detection, extinguishing equipment, and materials. These provisions are
discussed below and are grouped by equipment type or topic.
Fire detection and alarm systems:
Provides vessels with the option to meet either the
applicable International Convention for the Safety of Life at Sea, 1974
(SOLAS) and the International Maritime Organization (IMO) Fire Safety
Systems (FSS) Code requirements, or updated Coast Guard regulations for
the design and installation of fire detection and alarm systems. These
changes provide vessel owners and/or operators and designers greater
flexibility in fire detection and alarm system design for U.S. domestic
vessels.
Consolidates and updates the fire detection and alarm
system requirements in 46 CFR subchapter H (passenger vessels). These
changes also affect 46 CFR subchapters C, I, K, and T vessels where the
regulations refer to subchapter H for fire detection and alarm system
requirements. The consolidation of these requirements makes it easier
for industry to locate and meet these requirements. These requirements
reflect advancements in the fire detection and alarm systems industry,
which include the development of digital technology and modern seamless
electronic technology for the much larger land-based market. The Coast
Guard does not require retrofitting of currently installed systems, but
does require any modifications to installed systems or new
installations to comply with the updated requirements after a 5-year
compliance period.
Revises Coast Guard approval processes for fire detection
and alarm systems by allowing manufacturers of fire detection and alarm
systems equipment the option of seeking approval for an entire system
or an individual device; making approval processes easier for
manufacturers by allowing some approval tests to be completed by an
approved third party nationally recognized testing laboratory (NRTL);
and requiring the use of the most current and widely used national
consensus standards for approval of fire detection and alarm systems.
These revisions allow for an easier replacement of individual devices
and open the market to small manufacturers or to those dedicated to
making components but not producing all components necessary for a
complete detection system. They also provide manufacturers more
flexibility and options for choosing a laboratory; and align our
regulations with the most up-to-date national consensus standards that
are already widely used by the fire detection industry.
Fire extinguishers:
Replaces the Coast Guard's weight-based rating system for
fire extinguishers with the UL performance-based rating system.
Adopting the national industry standard rating system streamlines the
selection, inspection, and approval processes for marine fire
extinguishers.
Revises inspection, maintenance and testing requirements
for fire extinguishers by adopting National Fire Protection Association
(NFPA) 10 ``Standard for Portable Fire Extinguishers'' (2010 Edition).
NFPA 10 distinguishes between monthly inspections (a visual check) and
annual maintenance (a thorough inspection of materials and components,
and associated repairs). Vessel crewmembers can continue to perform
monthly inspections; however, a certified person is required to conduct
annual maintenance. This change aligns Coast Guard regulations with the
current industry practice of having annual maintenance performed by
certified persons as defined in NFPA 10.
Codifies the use of UL standards for testing and labeling
of fire extinguishers. These standards provide detailed, technical
requirements for construction, performance, testing, packaging, and
marking of the specific type of extinguisher. This change aligns Coast
Guard regulations with current industry practice.
Reduces the number of spare portable fire extinguishers
required on vessels traveling domestic routes. This change is
implemented due to the enhanced maintenance requirements that result in
more reliable spares, as well as making new spares easier to obtain.
Other fire protection equipment:
Requires small passenger vessels to carry spanner wrenches
for fire hydrants that use 1\1/2\ inch diameter hoses. This requirement
for small passenger vessels is consistent with spanner wrench carriage
requirements for other vessel types, and is necessary to ensure that
firehoses can be replaced and deployed as needed.
Fire protection equipment approvals:

[[Page 48222]]

Adds new specification subparts in 46 CFR subchapter Q to
address existing and new approval series for fire protection equipment,
materials, and components required for use on SOLAS ships. The new
approval series and associated subparts codify the standards and
procedures currently used by industry to obtain Coast Guard approval
for fire protection equipment, materials, and components required on
SOLAS ships, and set forth design, construction, testing, and
performance requirements satisfying SOLAS requirements for such
equipment, materials, and components.
Codifies an alternative path to Coast Guard approval
through an established Mutual Recognition Agreement (MRA) to which the
U.S. is a party. The MRA allows for Coast Guard approvals of certain
fire protection equipment and materials issued by other nations that
are members of the European Community (EC). This change will reduce
manufacturer costs and burdens associated with duplicative testing and
evaluation for multiple national approvals.

III. Regulatory History

On January 13, 2014, we published a notice of proposed rulemaking
(NPRM) titled ``Harmonization of Standards for Fire Protection,
Detection, and Extinguishing Equipment'' in the Federal Register (79 FR
2254). We received twelve letters consisting of 44 separate comments in
response to the NPRM. No public meeting was requested and none was
held.

IV. Discussion of Comments and Changes

The Coast Guard received 44 comments in response to the NPRM. These
comments were from several maritime organizations, international
associations, private companies, and individuals. Eight comments
concerned fire alarm and detection systems, eighteen comments concerned
fire extinguishers, nine comments concerned other fire protection
equipment, and nine comments we classified as general comments. Each
comment is discussed below.

A. Comments Concerning Fire Alarm and Detection Systems

1. New Approval Processes for Fire Detection and Alarm Systems
The Coast Guard received six comments from four commenters on the
changes to approval processes for fire detection and alarm systems.
Two commenters requested that, in addition to the Coast Guard
requiring electrical control units and accessories for fire alarm
systems to meet UL 864 ``Standards for Control Units and Accessories
for Fire Alarm Systems, 2003'', the Coast Guard should also require
these products to meet FM Global (FM) 3010 ``Approval Standard for Fire
Alarm Signaling Systems.'' The Coast Guard disagrees with this request.
It is a long-standing Coast Guard policy to harmonize its shipping
regulations with voluntary consensus standards whenever possible. UL
864 is a voluntary consensus standard and it reflects the input of a
balanced group of contributors (e.g., producers, testing organizations,
authorities having jurisdiction, and government) combined with the
solicitation of public input. Although FM 3010 is a credible resource,
it is a proprietary standard developed in-house by FM to enable its
personnel to evaluate alarm systems, and it is not a voluntary
consensus standard.
Another commenter noted that UL 864 ``Standards for Control Units
and Accessories for Fire Alarm Systems, 2003'' is a consensus standard
and should be the preferred standard when determining the appropriate
product certification. The Coast Guard agrees with this comment.
One commenter expressed concern that as MODUs are built and have
initial acceptance tests conducted overseas, it may prove difficult for
the ship builder and/or facility owner to utilize a specific testing
entity as required in 46 CFR 161.002-6(a), Testing Requirements, which
states that ``[d]evices must be tested and listed for fire service by
an accepted independent laboratory, as accepted in accordance with
Sec. 159.010 of this subchapter, or by a NRTL as set forth in 29 CFR
1910.7.'' The Coast Guard disagrees. Certain safety equipment installed
or carried on U.S flag MODUs and foreign flag MODUs operating on the
U.S. OCS must be type approved by the Coast Guard as set forth in the
applicable inspection subchapters of the U.S. shipping regulations. The
testing required to obtain these type approvals is the responsibility
of the manufacturer of the equipment and is usually done by accepted
independent laboratories. Later, when this equipment is installed on
the MODU, the installation must be inspected and approved by a
classification society and/or Coast Guard inspector. These are two
different approvals. Section 161.002 of CFR 46 applies to testing of
the equipment for Coast Guard type approval. Under this section,
manufacturers seeking type approval of their equipment must have the
equipment tested by an independent laboratory accepted by the Coast
Guard in accordance with Sec. 159.010 or by an NRTL accepted by the
Occupational Safety and Health Administration (OSHA) under 29 CFR
1910.7. This final rule gives the equipment manufacturer the additional
option of using an NRTL. These tests are different from the initial
acceptance tests of safety equipment after installation on vessels,
including MODUs, which are not affected by this provision. Instead,
acceptance tests of individual installations of type approved systems
on inspected vessels will continue to be carried out by classification
societies and/or Coast Guard inspectors.
One commenter endorsed the Coast Guard's proposal to allow the
different components of alarm and detection systems to be approved
individually under the ``device method'' in 46 CFR 161.002-19, or
continue to be approved collectively under the current ``system
method'' in 46 CFR 161.002-18. The Coast Guard acknowledges this
comment.
2. Grandfathering and Compliance Period
The Coast Guard received two comments on grandfathering and the
2\1/2\ year compliance period. One commenter stated that the 2\1/2\
year period proposed in 46 CFR 76.27-1; 76.27-80; 76.30-1; 76.33-1;
76.35-1, and 161.002-4 for compliance with the new fire alarm and
detection system regulations is inadequate, and requested that the
Coast Guard consider providing a longer compliance period. The Coast
Guard agrees. The Coast Guard is extending the compliance period for
the grandfathering of existing fire detection and alarm installations
and approvals from 2\1/2\ years to five years. This longer compliance
period should provide fire alarm and detection system users and
manufacturers enough time to comply with the new regulations. In
extending the compliance period, the Coast Guard considered that the
new fire alarm and detection regulations were proposed in order to
harmonize with voluntary consensus standards and not to address a
perceived safety deficiency. Similarly, the Coast Guard will extend the
period for completing approval programs under the current criteria from
180 days to 1 year, as specified in 46 CFR 161.002-4.
The same commenter found the manner in which the Coast Guard chose
to organize the NPRM's discussion of changes on the grandfathering
clause and compliance period for the fire alarm and detection
regulations to be confusing and requested the time periods be in
numbered paragraphs. Upon review of the discussion in the NPRM (see
Section V. A. 4.,

[[Page 48223]]

``Grandfathering and 2 and \1/2\ year Compliance Period''), the Coast
Guard concurs that the paragraphs in this discussion were confusing and
clarifies the discussion of the grandfathering and compliance clauses
set forth in 46 CFR 76.27-1, 76.27-80, 76.30-1, 76.33-1, 76.35-1, and
161.002-4 as follows: (1) Existing systems. These existing fire alarm
and detection systems (other than certain smoke sampling systems) may
be kept and used for the life of the vessel unless and until they are
altered. Guidance on what is considered a mere repair versus changes
that constitute an altered alarm and detection system is found in 46
CFR 76.27-80(d). Owners and operators are encouraged to contact the
local Coast Guard Officer in Charge, Marine Inspection (OCMI) if there
is a question on whether a system will be considered altered or
repaired. (2) Systems installed during the 5-year compliance period.
New systems installed or existing systems altered within five years of
the effective date of the final rule will be allowed to use systems
meeting the requirements in place just prior to the effective date of
the final rule for the life of the vessel unless and until they are
altered after the 5-year compliance period. (3) Systems installed after
5-year compliance period. New systems and altered systems installed or
altered five years after the effective date of the final rule will have
to meet the new regulation requirements and use systems approved under
the new approval criteria.

B. Comments Concerning Fire Extinguishers

1. Ratings
The Coast Guard received ten comments on ratings. One commenter
agreed with the Coast Guard's action to replace the Coast Guard-unique
fire extinguisher rating system with the performance-based fire
extinguisher rating system of UL 711, ``Standard for Rating and Testing
of Fire Extinguishers'' referenced in 46 CFR 162.028-2 and 162.039-2.
The Coast Guard acknowledges this comment.
In contrast, another commenter questioned the replacement of the
existing Coast Guard weight-based fire extinguisher rating system,
circa 1952, with the UL 711 fire extinguisher rating system. The
commenter was concerned that the application and coverage of fire
extinguishers for vessel fires will be compromised. This commenter
raised five specific issues, which we address separately in the next
paragraph. The Coast Guard disagrees that the adoption of the UL 711
rating system will compromise fire safety on vessels. While we agree
that the 1952 Coast Guard extinguishing rating system was valid and
useful, maintaining a separate rating system is not warranted in light
of the general and broad acceptance of the UL 711 rating system, the
demonstrated effectiveness of the UL 711 system, and the potential for
confusion caused by having a separate rating system for marine use.
Moreover, any differences between the two rating systems were taken
into account by the Coast Guard in its development of the new
requirements for the number, location, size, and type of fire
extinguishers that must be carried on vessels, so the same level of
fire safety is maintained under the new regulations. For example, see
46 CFR 76.50-10, Table 76.50-10(a).
Turning to the specific issues cited by the commenter, the first
issue concerns changes over time in the UL 711 rating system for Class
A fire extinguishers, leading to different ratings for the same size
extinguishers depending on the year of manufacture. The Coast Guard
acknowledges that the UL 711 Class A rating system has changed more
than once over the years, whereas the Coast Guard rating system has
not. However, such changes may be in response to changes in technology
or the end user market and are subject to consensus review. Thus, such
changes are the reason the maritime industry will benefit from the
incorporation of the consensus-based, voluntary UL 711 standard rather
than being a reason not to adopt the standard.
Similarly, the second issue concerns two changes to the UL 711
rating system of Class B fire extinguishers, leading to higher recent
ratings for the same size extinguishers. Again, these changes reflect
changes in technology and are subject to consensus review; these are
not a reason not to incorporate the UL 711 standard.
The third issue concerns the test that is used in the UL 711
standard to rate Class B extinguishers, wherein professional test
operators extinguish heptane (a flammable liquid) fires in open, flat
and unobstructed test pans. Specifically, the commenter is concerned
that this test covers only one fire scenario and that the tests on
which the rating is based are too difficult for most novices to
accomplish. The Coast Guard acknowledges that the UL 711 Class B fire
extinguisher ratings are based on only one fire scenario and that the
test results reflect the skill of the professional test operators.
However, the UL 711 rating system is an effective way of broadly
ranking the effectiveness of various extinguishers on Class B fires in
a consistent and repeatable manner, carried out by a professional
laboratory. Moreover, the Coast Guard's new rules on the number,
location, sizes and types of fire extinguishers required onboard for
various hazards take into account the rating process.
The fourth issue concerns some extinguisher standards moving away
from numerical ratings for Class B fires and instead specifying minimum
agent capacities and flow rates for certain fire scenarios. The
commenter cites NFPA 10 as requiring minimum quantities and flow rates
for certain hazards. While NFPA 10 does specify quantities and flow
rates of agents for certain hazards, it still relies on the fire test
standard of UL 711 in its general prescriptions for the size and
placement of extinguishers for general fire hazards. Again, the Coast
Guard's new rules on the number, location, sizes and types of fire
extinguishers required onboard for various hazards take into account
the expected capabilities of extinguishers classified according to the
fire test standards of UL 711.
The fifth issue concerns the commenter's views that the UL 711 test
for electrical conductivity is inadequate because it measures the
conductivity across the fire extinguishers' discharge stream and not
across a pool of the extinguishing agent, and that use of extinguishers
approved under the standard could be dangerous. The Coast Guard
disagrees. The Coast Guard believes that the UL 711 test adequately
measures electrical conductivity of extinguishing agents, that the
extinguishers are safe when used properly, and the Coast Guard is not
aware of any casualty analysis demonstrating the inadequacy of the UL
711 conductivity test. Moreover, as a voluntary consensus standard, the
UL 711 test has broad acceptance and is almost universally used in
domestic residential, municipal and industrial applications to good
effect.
Another commenter noted that UL 711 is not a certification standard
and therefore, those laboratories referenced would strictly be testing
laboratories. The Coast Guard acknowledges this comment and notes that
the regulations in question, 46 CFR 162.028-2 and 162.039-2, refer to
``approval tests.'' The commenter added that the appropriate references
to the fire extinguisher certification standards are ANSI/UL 8, ANSI/UL
154, ANSI/UL 299, ANSI/UL 626, and ANSI/UL 2129. The Coast Guard
acknowledges these designations; however, per guidance from the Office
of the Federal Register stating that UL published documents must be
incorporated by reference as UL

[[Page 48224]]

documents, the Coast Guard will not add ``ANSI'' in the title of these
documents since they are not ANSI published documents.
The same commenter recommends that the requirements in 46 CFR
162.039-3(b) be revised to be consistent with the UL 8 (Section 6.11),
UL 154 (Section 6.10), UL 299 (Section 6.11), UL 626 (Section 6.11),
and UL 2129 (Section 6.11) such that semi-portable fire extinguishers
are designated based on overall weight of 60 pounds rather than 50
pounds. The Coast Guard is maintaining the weight limit at which fire
extinguishers are designated as semi-portable at 50 pounds. The 50-
pound weight limit was chosen to harmonize with the 23 kg portable
extinguisher limit that is prescribed by the International Code for
Fire Safety Systems (``FSS Code''). U.S.-flagged vessels engaged in
international trade are required to meet the International Convention
for Safety of Life at Sea (``SOLAS'') and FSS Code regulations.
One commenter endorsed the Coast Guard's effort to reduce
unnecessary complexity and confusion for fire equipment standards on
vessels by providing an efficient approach to regulating fire
extinguishers through less complex carriage requirements and
incorporation of the UL rating system. The Coast Guard acknowledges
this comment.
2. Maintenance Requirements
The Coast Guard received five comments on the new maintenance
requirements. One commenter suggested that the Coast Guard identify
acceptable training organizations to certify personnel before they are
allowed to maintain and recharge fire extinguishers. We disagree. In
the Coast Guard's experience, service providers who are licensed and
certified in the local communities have proven reliable and there does
not appear to be a need to change this.
One commenter endorsed the Coast Guard's action of requiring an
annual inspection of portable fire extinguishers by qualified service
personnel while allowing the appropriate vessel crew members to perform
the required monthly visual inspection of portable fire extinguishers.
The Coast Guard acknowledges this comment.
Another commenter suggested that our regulations account for the
different fire extinguisher designs, special types of service
equipment, and personnel training required to service them. While the
Coast Guard acknowledges that different types of fire extinguishers may
require different equipment and techniques to service and recharge
them, we have relied upon service providers who are licensed and
certified by local authorities. This practice has proven to be reliable
and there does not appear to be a need to change it.
One commenter expressed concern with the requirements in 33 CFR
145.01 and 46 CFR 107.235 and several other regulations which state
that fire extinguisher servicing agencies are required to be certified
by the state or local jurisdiction, suggesting that this would be
problematic on waters bordered by multiple jurisdictions. The Coast
Guard agrees with the commenter. We did not intend to specify any
particular jurisdiction but rather want to ensure that the
certification is conducted by an appropriate authority having
jurisdiction (AHJ) to perform the certifications. The Coast Guard has
revised these regulations by changing ``the'' to ``a,'' to state that
``[c]ertification or licensing by a state or local jurisdiction as a
fire extinguisher servicing agency will be accepted by the Coast Guard
as meeting the personnel certification requirements of NFPA 10 for
annual maintenance and recharging of cylinders.''
One commenter endorsed requiring qualified service personnel
certified by local AHJs to conduct annual inspections of fire
extinguishers, while endorsing vessel crew members to perform monthly
visual inspections of fire extinguishers. The Coast Guard acknowledges
this comment.
3. Spare-Extinguisher Requirements
The Coast Guard received three comments on the new spare-
extinguisher requirements. One commenter suggested that the new spare
extinguisher requirements must specifically address details of the
procedures and equipment for recharging spent fire extinguishers. This
comment mentioned three specific issues, which we address in the
following paragraph. In general, however, the Coast Guard disagrees
that the requirements for spare extinguishers require detailed
regulations relating to recharging fire extinguishers. The spare fire
extinguisher requirements in 46 CFR 34.50-10(a), 76.50-10(a), 95.50-
10(a), 108.495, 169.567(a), and 193.50-10(a) refer to the number of
complete and ready-to-use fire extinguisher units that must be carried
on a vessel. These regulations do not address the carriage of spare
charges for extinguishers; therefore, it is unnecessary to include
spare-recharge requirements in these regulations.
Turning to the specific issues cited by this commenter, the first
is a suggestion that the spare extinguisher regulations establish which
types of fire extinguishers may be recharged and serviced by crews
underway. First, as mentioned above, the new spare extinguisher
regulations refer to complete units and not spare charges. Second,
while the Coast Guard acknowledges that some types of fire
extinguishers are more easily recharged than others, there have been no
indications that existing practices warrant regulatory change. Instead,
the Coast Guard will continue to rely on the AHJs to certify personnel
to recharge extinguishers, and to rely on these certified personnel to
recharge the extinguishers properly.
The third issue raised is that the number of spare fire
extinguishers should take into account the different storage, recharge,
service and calibration requirements for the different types of fire
extinguishers carried. Under the new regulations, however, required
spares must be complete and ready-to-go fire extinguisher units. Any
spare recharges that may be carried onboard are surplus to this
requirement and need not be addressed in the regulations.

C. Comments Concerning Other Fire Protection Equipment

1. Spanner Wrench Carriage Requirements
The Coast Guard received two comments on the spanner wrench
carriage requirements. One commenter agrees with the revisions in 46
CFR 181.310 that will allow 46 CFR subchapter T vessel operators to use
two 1\1/2\ inch-diameter firehoses at external vessel locations instead
of one 2\1/2\ inch hose. The Coast Guard acknowledges this comment.
The same commenter agreed with our requirements to install spanner
wrenches at all 1\1/2\ inch fire hydrants; however, the organization
represented by the commenter, expressed concern with the 30-day
compliance period upon the publication of this rule. The organization
noted that small passenger vessels comprise half of the inspected U.S.-
flagged vessel fleet and that information dissemination, purchase, and
installation all have an impact on a reasonable response time. When the
current rules for 46 CFR Subchapter T small passenger vessels were
written, we inadvertently omitted the requirement to have spanner
wrenches at all 1\1/2\ inch hydrants. The commenter suggests that a
more appropriate interval for compliance might be 60 days or the date
of the vessel's first annual inspection after this final rule is
published, or whichever is later. The Coast Guard agrees with the
commenter

[[Page 48225]]

and will revise the regulations in 46 CFR 118.310 and 181.310 to
establish a 180-day compliance period.
2. Use of Non-Metallic Pipe
One commenter agreed with the revisions in 46 CFR 182.720 that will
allow 46 CFR subchapter T vessels to use non-metallic piping in non-
vital systems per the requirements in 46 CFR 56.60-25(a)(3), as an
alternative to those prescribed in subchapter T. The Coast Guard
acknowledges this comment.
3. Use of Plastic Pipe
One commenter noted that the requirement in 46 CFR 56.60-25(a)(7)
limits the certification of plastic pipe being used for potable water
to certain laboratories. It was not our intent to unnecessarily exclude
any appropriately qualified independent laboratories. Therefore, the
Coast Guard is amending the requirement in 46 CFR 56.60-25(a)(7) to
require ``[p]ipe that is to be used for potable water must bear the
appropriate certification mark of a nationally-recognized, ANSI-
accredited third-party certification laboratory'' rather than referring
to one particular set of laboratories.
4. Sprinkler System Requirements
The Coast Guard received one comment on 46 CFR 76.25-1,
``Application.'' The commenter suggested that in addition to requiring
Chapter 25 of NFPA 13, ``Standard for the Installation of Sprinkler
Systems'' (2010 Edition), for the design and installation of sprinkler
systems, the Coast Guard should also require sprinkler systems to meet
the design and installation requirements found in NFPA 15, ``Standard
for Water Spray Fixed Systems for Fire Protection,'' and NFPA 16,
``Standard for the Installation of Foam-Water Sprinkler and Foam-Water
Spray Systems.'' The Coast Guard disagrees. Chapter 25 of NFPA 13 is
specifically directed to the unique requirements of marine, onboard,
fixed fire extinguishing systems. In contrast, neither NFPA 15 nor NFPA
16 has such specific sections dealing with specifically address marine
installations. Although most shore side fire protection engineering
principles are adaptable to marine use, nevertheless the design and
operating environment of ships is different enough to warrant special
consideration. For instance, marine layout and configuration is
different from buildings, and the marine environment is harsher due to
salt air, salt water, vibrations and rough seas. Thus, fire
extinguishing systems must be adapted to this environment.
5. Carbon Dioxide Fire Extinguishing System Requirements
The Coast Guard received one comment on 46 CFR 147.65, ``Carbon
dioxide and Halon fire extinguishing systems.'' The commenter suggested
that the Coast Guard extend the visual inspection requirements of Halon
1301 fire extinguishing systems to clean agent fire extinguishing
systems. The Coast Guard disagrees. Halon 1301 fire extinguishing
systems no longer need to be periodically emptied, hydrostatically
tested, and refilled. In part, this is because the international ban on
the production of Halon 1301 requires carefully controlled reclamation
and collection of Halon 1301, making the emptying and refilling of
Halon 1301 cylinders expensive and impractical for vessel owners.
Instead, this testing will be replaced with a visual inspection. This
change was made to avoid the risk of accidentally releasing Halon, an
ozone-depleting agent that is very harmful to the atmosphere. As an
alternative, halocarbon clean agents may be visually inspected per the
existing regulations in 46 CFR 147.67. However, the hydrostatic testing
method is being kept for the inert gas clean agents, in keeping with
the recommendations of NFPA 2001, ``Clean Agent Fire Extinguishing
Systems'' (2012), which is a consensus standard.
6. Portable Foam Applicators
One commenter agreed with the Coast Guard's action to allow the use
of UL 162, ``Standard for Foam Equipment and Liquid Concentrates,''
(Seventh Edition) for the type approval of portable foam applicators
found in 46 CFR 162.163-3 and 162.163.-4. The Coast Guard acknowledges
this comment.
7. Independent Laboratories
Two commenters endorsed the standards in 46 CFR 159.010-3 for the
acceptance of independent laboratories. These comments are
acknowledged.

D. General Comments

The Coast Guard received nine comments on the NPRM that we have
categorized as general comments. Below we discuss the comments and our
responses.
1. Testing Laboratories
One commenter noted that the list of OSHA nationally recognized
testing laboratories referenced in ``Table 46 CFR 34.50-10(a) Portable
and Semi-Portable Extinguishers'' footnote 13 should have included UL.
The Coast Guard acknowledges that UL is listed as an OSHA NRTL (see
https://www.osha.gov/dts/otpca/nrtl/nrtllist.html). No change in
footnote 13 is required in response to this correction since the
footnote only refers to OSHA NRTLs in general, and does not list them.
2. Incorporation by Reference
One commenter endorsed the Coast Guard's incorporation by reference
of UL 8 ``Standard for Foam Fire Extinguishers,'' UL 154 ``Standard for
Safety for Carbon-Dioxide Fire Extinguishers,'' UL 299 ``Standard for
Safety for Dry Chemical Fire Extinguishers,'' UL 626 ``Standard for
Safety for Water Fire Extinguishers'' and UL 2129 ``Standard for
Halocarbon Agent Fire Extinguishers'' for the testing and labeling of
fire extinguishers in 46 CFR 162.028-2 and 162.039-2. The Coast Guard
acknowledges this comment.
One commenter advised us that the title to UL 626 was changed to
``Standard for Safety for Water Fire Extinguishers.'' In response, the
Coast Guard has amended the title of UL 626 to reflect the correct name
of the standard.
3. Acceptance of Equipment Approved to Solas Requirements as Equivalent
to CFR Requirements
One commenter supported the Coast Guard's recognition and
acceptance of certain equipment, materials, and components approved
under SOLAS. The Coast Guard acknowledges this comment. However, the
commenter requested to know how industry could alleviate any possible
conflicts that may exist in other regulations and in published
Navigation and Vessel Inspection Circulars with regard to the SOLAS/
Coast Guard equivalency provisions referenced in the NPRM (e.g., 33 CFR
140.15 (b), which requires specific Coast Guard type approval). The
Coast Guard does not detect a conflict. Where Coast Guard regulations
require type approval of equipment they clearly state such approval
shall be made by the Commandant of the Coast Guard. This is in accord
with SOLAS, which has regulations that call for approved equipment, but
leaves the approval of the equipment to the Administration, which in
the United States means the Commandant, for vessels and MODUs under the
United States' flag. The new rules simplify which standards must be
used for the approval of materials and equipment for use on domestic
vessels by allowing these vessels an option to have structural fire
protection in accordance with SOLAS and applicable FTP Code provisions,
and by adopting FTP Code and FSS Code provisions for certain

[[Page 48226]]

types of fire extinguishing and detecting equipment. This is not a
blanket adoption of these international standards for the approval of
all materials and equipment on domestic vessels. However, the
applicable regulations must be consulted for specific situations,
especially if the SOLAS option for structural fire protection is not
selected. Interested parties also are referred to the applicable
regulations, and NVIC 06-05, Unified Interpretations of SOLAS Chapter
II-2, the FSS Code, the FTP Code and related fire test procedures, and
NVIC 9-97, CH1, Guide to Structural Fire Protection.
4. Harmonization
The Coast Guard received four comments regarding harmonization with
national and/or international standards.
While endorsing the new fire extinguisher regulations, one
commenter expressed concern about the fire protection, detection, and
extinguishing equipment provisions for harmonizing Coast Guard
requirements with international standards because they are so complex
that it is difficult to determine exactly how they impact towboats that
operate only in domestic inland waters. If these standards do apply to
such vessels, the commenter requested that the Coast Guard extend the
comment period and hold public meetings to better explore the impacts
of these revisions on inland towing vessels to ensure that
international standards are not automatically applied to inland U.S.
mariners and vessel operations since their operating environment is
drastically different. The commenter added that it seems as though
there are no direct impacts to the domestic towboat industry; however,
the commenter urged the Coast Guard to ensure that any future
considerations to apply international standards to domestic-only
vessels be done only after discussions with domestic inland towing
vessel operators. The Coast Guard acknowledges the commenter's
concerns. Where international SOLAS or consensus standards apply to
domestic vessels in the rule, these standards provide flexibility by
allowing for regulatory alternatives to the existing regulations and do
not change the existing domestic requirements. For this reason, neither
an extension of the comment period nor a public meeting on this subject
is needed. One commenter endorsed the Coast Guard's harmonization of
standards for fire protection, detection, and extinguishing equipment.
This comment is acknowledged.
Two commenters supported the Coast Guard's objective of harmonizing
fire protection requirements; however, consistent with that objective
and the Coast Guard's commitment to a ``one shelf, one standard
policy,'' the commenter's recommended that in the interest of safety
and regulatory efficiency, the Coast Guard and the Department of
Interior Bureau of Safety and Environmental Enforcement (BSEE) should
promulgate joint fire protection requirements for OCS facilities. Both
the Coast Guard and the BSEE have statutory authority for regulation of
MODUs and facilities on the OCS. Generally, the Coast Guard regulates
the MODUs as inspected and certificated vessels, while the BSEE
regulates the MODUs when attached and engaging in drilling operations.
Accordingly, the Coast Guard and the BSEE have apportioned the
responsibilities for the regulation of the various systems associated
with MODUs between themselves as the lead agencies. Under this
apportionment, the Coast Guard is responsible for fire protection on
MODUs except for the drill floor and related areas. None of the
regulations in the current rulemaking affect the drill floor and
related areas, therefore the Coast Guard has determined that this final
rule does not conflict with any BSEE regulations. Moreover, the Coast
Guard and the BSEE systematically coordinate so as to promulgate
regulations that foster fire safety, among other objectives, in an
efficient manner.
5. Preemption
One commenter agrees with the revisions to existing regulations and
the issuance of new regulations that preempt state and local regulation
with regard to fire protection, detection, extinguishing equipment, and
materials on several types of vessels. These vessels include inspected
vessels, uninspected vessels, uninspected commercial fishing vessels,
towing vessels, deepwater ports, MODUs, and OCS facilities. This
commenter urged the Coast Guard to add specific regulatory language
stating that the requirements in 46 CFR subchapters H, K, and T
completely preempt state and local regulations. The Coast Guard
acknowledges this comment, and refers to the preemption section of this
preamble below which is consistent with applicable law.

V. Summary of Changes From NPRM

Changes made in the final rule in response to comments are
discussed in detail above in Section IV, ``Discussion of Comments and
Changes''. Additional changes are discussed individually below.
The Coast Guard has added a comma to sections 46 CFR 76.10-10(b)(2)
and 95.10-10(b)(2) to make clear that one wye connection supplies two
1\1/2\ inch hoses. Section 193.10-10(b) of Title 46 of the CFR already
had this comma.
In 46 CFR 76.10-10(d), the existing requirement that there be
enough hydrants such that two hose streams reach all parts of the
vessel accessible to passengers and crew other than machinery and cargo
spaces was inadvertently deleted. We are restoring this two-hose-stream
requirement in the final rule.
In the NPRM, the Coast Guard proposed that the number of spare fire
extinguishers that must be carried on domestic vessels be reduced from
50 percent of the number of extinguishers required to as low as 10
percent. We also sought specific comments on the appropriate percentage
of spares necessary, along with a brief explanation. Because we
received no specific comments or suggested percentages of spares in
response, we are setting the percentage of spares required at 10
percent in the final rule based on the rationale set forth in the NPRM
that a reduction in the number of spares required is warranted by the
enhanced maintenance provided by the new regulations and by the ease in
the ability to source spares when needed. The tables that specify the
10 percent spare requirement are 46 CFR 34.50-10(a), 76.50-10(a),
95.50-10(a), and 108.495. Tables to 46 CFR 132.220 and 193.50-10(a) are
already set at the 10 percent requirement rate. Other fire extinguisher
tables do not reference spares, so they remain unchanged.
Spacing and indentation have been changed for the ``Spares'' row in
the required fire extinguishers tables in order to clarify that the
``Spares'' row is a separate category and not part of the category
immediately above it. This change was made to the tables to 46 CFR
76.50-10(a), 95.50-10(a), 108.495, 132.220, and 193.50-10(a). Table to
46 CFR 34.50-10(a) was already correctly spaced.
In response to comments, the Coast Guard revised 46 CFR 56.60-25(7)
to allow all nationally-recognized, ANSI-accredited, third-party
certification laboratories to be used to certify plastic pipe carrying
potable water, rather than specific laboratories.
In response to comments, the Coast Guard revised the following
sections to clarify that any appropriate AHJ can be used: See 33 CFR
145.01(b)(1), and 149.408(b); and 46 CFR 25.30-10(b), 31.10-18(a)(1),
91.25-20(a)(1)(i),

[[Page 48227]]

107.235(a)(1), 169.247(a)(1)(i), 176.810(b)(1)(i), and 189.25-
20(a)(1)(i).
In response to comments specifically requesting a change in the
compliance period, we revised the following sections to extend the
compliance period for new and altered detection and alarm systems from
2\1/2\ years to 5 years: 46 CFR 76.27-1, 76.27-80, 76.30-1, 76-33-1(a)
& (b), and 76.35-1(b). Furthermore, the Coast Guard revised 46 CFR
161.002-4(b) and (c) to extend the allowable period for obtaining
approvals of detection and alarm systems based on the provisions in
place prior to the effective date of this rule.
The Coast Guard revised sections 46 CFR 118.310 and 181.310 to
extend the compliance period for obtaining 1\1/2\ inch spanner wrenches
from 30 to 180 days from date of publication of the final rule in
response to comments.
As a result of one comment, the Coast Guard revised the following
sections to correct the name of UL 626 to ``Standard for Safety for
Water Fire Extinguishers:'' 46 CFR 162.028-1(b)(4), 162.028-3(a)(4),
162.039-1(c)(4), and 162.039-3(a)(4).
To harmonize this regulation with a separate and concurrent
rulemaking for commercial towing vessels (see the Inspection of Towing
Vessels notice of proposed rulemaking (76 FR 49976, August 11, 2011)),
the Coast Guard deleted requirements regarding excess non-approved fire
detection systems onboard uninspected towing vessels in proposed 46 CFR
27.203(b)(2) and 27.203(b)(3), respectively. Specifically, the
requirements for installation of these systems to conform to 46 CFR
chapter I, subchapter J, (Electrical Engineering) and for the Coast
Guard to review wiring plans were removed because they exceed those
found in the towing vessels proposed rulemaking. Proposed Sec.
27.203(b)(4) was renumbered to Sec. 27.203(b)(2). The Coast Guard does
not require these excess systems to be inspected aboard uninspected
vessels therefore the requirement for testing and inspection was
removed from new Sec. 27.203(b)(2) in the final rule.
Commercial fishing vessels are also uninspected. Proposed 46 CFR
28.155(a)(2) and 28.155(a)(3), mirrored the proposed Sec. Sec.
27.203(b)(2) and 27.203(b)(3) above and were likewise removed to
maintain consistency with uninspected towing vessels. Additionally,
proposed Sec. 28.155(a)(4) was renumbered to Sec. 28.155(a)(2), and
the statement requiring testing and inspection was removed from new
Sec. 28.155(a)(2) for the same reason as discussed for proposed Sec.
27.203(b)(4) above.
The Coast Guard has the authority to test and inspect any and all
systems required under the various inspection subchapters in both Title
33 and Title 46 CFR. Superfluous proposed requirements in 33 CFR
149.404(b)(4); and 46 CFR 34.01-5(b)(4), 76.01-5(b)(4), 95.01-5(b)(4),
118.120(b)(4), 132.340(b)(4), 167.45-30(b)(4), 181.120(b)(4), and
193.01-5(b)(4) were subsequently removed in this final rule.

VI. Regulatory Analyses

We developed this rule after considering numerous statutes and
Executive Orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes or E.O.s.

A. Regulatory Planning and Review

Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866. Accordingly, the rule has not been reviewed by the Office
of Management and Budget. A final Regulatory Assessment follows.
As previously noted in Section IV, ``Discussion of Comments and
Changes'', we received 44 comments in response to the NPRM. These
comments were from several maritime organizations, international
associations, private companies, and individuals. Eight comments
concerned fire alarm and detection systems, 18 comments concerned fire
extinguishers, nine comments concerned other fire protection equipment,
and nine comments we classified as general comments. We received no
comments regarding the regulatory analysis (RA) performed for the NPRM.
Therefore, we adopt the methodology and assumptions for the costs and
benefits from the NPRM as final. However, we have updated the analysis
with the current affected population, wage rates, training costs, and
equipment cost estimates as reflected in the revised analysis below.
For brevity, we omit all items which we previously determined will
impose no new burden on industry and are not expected to result in
additional costs. For a detailed discussion refer to the January 13,
2014 NPRM publication entitled, ``Harmonization of Standards for Fire
Protection, Detection, and Extinguishing Equipment'' in the Federal
Register (79 FR 2254). The table below summarizes the elements in the
analysis that were updated between the NPRM and the final rule.

Table 2--Summary of Changes Between NPRM and Final Rule
------------------------------------------------------------------------
Category Description Rationale
------------------------------------------------------------------------
Affected Population......... Updated estimates Updated the 2012
for the affected data pull with 2013
population of data to reflect the
vessels, offshore most current full
facilities, MODUs, year estimates in
and recreational MISLE and
vessels. Recreational
Boating Statistics.
Wages....................... Loaded wage for BLS Updated the 2012 BLS
occupation code 53- loaded wage
5011, Sailors and estimates with 2013
Marine Oilers. estimates.
Wages....................... Loaded wage for BLS Updated the 2012 BLS
occupation code 53- loaded wage
5021, Captains, estimates with 2013
Mates, and Pilots estimates.
of Water Vessels.
Compliance Period........... Compliance period Facilitate
proposed in 46 CFR harmonizing with
76.27-1; 76.27-80; voluntary consensus
76.30-1; 76.33-1; standards without
76.35-1, and imposing additional
161.002-4 for new costs on industry,
fire alarm and lining up with our
detection system initial assessment.
increased from 2\1/
2\-years to 5 years.
Compliance Period........... Compliance period Response to public
for carriage of comment. No impact
spanner wrenches in on initial
46 CFR 181.310 assessment.
increased from 30
days following
publication of the
final rule to 180
days.
------------------------------------------------------------------------

[[Page 48228]]

This RA provides an evaluation of the economic impacts associated
with this final rule. The table which follows provides a summary of the
final rule costs and benefits.

Table 3--Summary of the Impacts of the Final Rule
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Affected Population............... Affected population varies by CFR
title and subchapter, see Table 4
below.
Total and Annualized Costs (7 $1.1 million total costs; $156,588
percent discount rate). annualized costs.
Unquantified Benefits............. Harmonization and
compliance with international
standards;
Harmonization with industry
consensus standards;
Increased compliance
choices, reducing regulatory
compliance burdens;
Reduction in risk from
potentially toxic or flammable
gases no longer being routed into
human-occupied spaces; and,
Increased safety through
the availability of tools and
equipment during emergency
situations.
------------------------------------------------------------------------

The final rule contains provisions amending the CFR requirements
for fire protection equipment, materials, components, and systems. In
the NPRM, Section V, ``Discussion of Proposed Rule'', laid out the
proposed changes and the rationale for those changes. The provisions
fell into two broad categories: (1) Provisions that harmonize Coast
Guard regulations with national and international industry consensus
standards; and (2) provisions that correct or adjust existing
regulations referring to specific issues or equipment. Most of the
provisions, both harmonizing and non-harmonizing, were not expected to
impose additional costs upon the industry. However, we identified three
provisions which we expect to have a cost impact on industry:
(1) Sample extraction type smoke detection systems requirements,
which specify that all existing vessels using sample extraction fire
detection methods route the gases outside the vessel and install a
sensing device that will trigger a visual and audible alarm in the
bridge;
(2) Fire extinguisher carriage and maintenance requirements, which
eliminate the current Coast Guard-specific rating system for fire
extinguisher classification, and specify that individuals performing
annual inspection, maintenance, or necessary recharging of fire
extinguishers must be certified in accordance with the standards of
NFPA 10; and,
(3) Spanner wrench carriage requirements for small passenger
vessels, which specify that all subchapter K and T vessels carry a
spanner wrench for each 1\1/2\ inch diameter hose installation.
Based on these elements, Table 4 shows the total affected
population and the numbers of vessels, offshore facilities, and MODUs
organized by CFR subchapter. For each of the three provisions noted
before, we identified the affected population and the respective
economic impacts.

Table 4--Affected Population
----------------------------------------------------------------------------------------------------------------
CFR Title Subchapter Topic Population
----------------------------------------------------------------------------------------------------------------
33........................................... N Outer Continental Shelf 8,573
Facilities.
33........................................... NN Deepwater Ports................. 56
46........................................... C Uninspected Vessels............. 11,232,060
Towing Vessels 7,961
Uninspected Vessels 86,370
Fishing Vessels 34,723
Recreational Vessels * 11,103,006
46........................................... D Tank Vessels.................... 5,362
46........................................... F Marine Engineering.............. n/a
46........................................... H Passenger Vessels............... 308
46........................................... I Cargo and Miscellaneous Vessels. 1,750
46........................................... I-A Mobile Offshore Drilling Units 259
(MODU).
46........................................... J Electrical Engineering.......... n/a
46........................................... K Small Passenger Vessels Carrying 591
more than 150 Passengers or
with Overnight Accommodations
for more than 49 Passengers.
46........................................... L Offshore Supply Vessels......... 1,548
46........................................... N Dangerous Cargoes............... 42
46........................................... Q Equipment, Construction and n/a
Material Specifications and
Approval.
46........................................... R Nautical Schools................ 127
46........................................... T Small Passenger Vessels (Under 11,157
100 Gross Tons).
46........................................... U Oceanographic Research Vessels.. 888
----------------------------------------------------------------------------------------------------------------
* Mechanically propelled recreational vessels
Source: USCG MISLE database for all non-recreational populations. Recreational vessel population is from
COMDTPUB P16754.27--2013 Recreational Boating Statistics, Table 37, available at https://www.uscgboating.org/assets/1/AssetManager/2013RecBoatingStats.pdf.

[[Page 48229]]

Costs
In the following discussion, we describe the impacts for each of
the three categories for the provisions listed in the previous
paragraphs. As previously noted, we received no comments regarding the
RA we performed for the NPRM. We therefore adopt the methodology and
cost assumptions as final. However, we have updated this section using
2014 population estimates, wage rates, training costs, and equipment
costs.
(1) Sample Extraction Type Smoke Detection Systems
This requirement implements changes regarding the ventilation of
potentially toxic or flammable gases. Previous regulations allowed
systems to route these potentially toxic or flammable gases or smoke
from the cargo hold to the bridge so that a watchstander could detect a
problem by smell. International consensus standards consider this
practice unacceptably dangerous, and SOLAS has required routing of
sampled gases out of manned spaces since the 1978 protocol, which went
into effect May 25, 1980. The new provisions, found in 46 CFR 76.33,
require that existing vessels using sample extraction fire detection
methods route the gases outside the vessel and install a sensing device
that will trigger a visual and audible alarm on the bridge. Existing
vessels will have 5 years in which to comply with this provision.
Currently, all U.S. vessels that are SOLAS-certificated and built after
May 25, 1980, are in compliance with this provision. According to the
Coast Guard Marine Information for Safety and Law Enforcement (MISLE)
database which documents the types of fire detection systems installed
on vessels, the affected population for this provision includes three
vessels: two active SOLAS vessels built before May 25, 1980, and one
active non-SOLAS vessel.
Information from the U.S. Bureau of Labor Statistics (BLS)
indicates that the loaded mean hourly labor cost (wages and benefits)
is $28 for Sailors and Marine Oilers (BLS occupation code 53-5011 \1\).
This loaded wage rate includes the hourly base wage rates of $19.56
multiplied by a load factor of 1.43 (rounded).\2\ We estimate the cost
per vessel to comply with this provision at $1,243. This includes the
installation of a ventilation fan (average catalogue price $375) and a
fixed gas detector (average price $700) and the cost of installation (6
hours at the equivalent wage of a crewmember $28.00 per hour x 6 hours
= $168). We assume that one of the affected vessels will comply each
year (given 5 years to meet compliance) beginning in the third year
after publication of this final rule.\3\
---------------------------------------------------------------------------

\1\ https://www.bls.gov/oes/2013/may/oes535011.htm.
\2\ Load factor is determined by dividing the reported total
average compensation for all private industry workers of $30.11 per
hour worked as reported in June, 2014 by the wages and salaries per
hour worked of $21.02. ``Table 9. Private industry workers, by major
occupational group: employer costs per hours worked for employee
compensation and costs as a percentage of total compensation, 2004-
2014,'' available at: https://www.bls.gov/ncs/ect/sp/ececqrtn.txt.
\3\ We anticipate that vessel owners will use the first two
years, after this rule goes into effect, for planning purposes to
schedule for upgrading to the new requirement.
---------------------------------------------------------------------------

Over the 10-year period of analysis, we estimate the total present
value costs of this provision to be about $2,849 and $3,314 discounted
at 7 and 3 percent, respectively. We estimate the annualized costs to
be approximately $695 and $724 discounted at 7 and 3 percent,
respectively. Table 5 summarizes the costs of this provision to
industry.

Table 5--Requirement for Routing Potentially Toxic or Flammable Gases or Smoke
----------------------------------------------------------------------------------------------------------------
Total cost all vessels
Affected Avg. cost per -----------------------------------------------
Year(s) vessels vessel 7 percent 3 percent
Undiscounted discount discount
----------------------------------------------------------------------------------------------------------------
1............................... 0 $1,243 $0 $0 $0
2............................... 0 1,243 0 0 0
3............................... 1 1,243 1,243 1,015 1,138
4............................... 1 1,243 1,243 948 1,104
5............................... 1 1,243 1,243 886 1,072
6-10............................ 0 1,243 0 0 0
-------------------------------------------------------------------------------
Totals *.................... 3 -- 3,729 2,849 3,314
Annualized.................. .............. .............. .............. 695 724
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding

(2) Fire Extinguishers
This rule makes parallel changes in each of the subchapters which
require vessels, offshore facilities, and deepwater ports to carry
Coast Guard approved portable or semi-portable fire extinguishers.
Ratings: UL 711 and NFPA 10:2010
These provisions apply to all the affected populations carrying
portable and semi-portable fire extinguishers listed in Table 4,
including recreational vessels. These provisions eliminate the current
Coast Guard-specific rating system for fire extinguisher
classifications, in favor of the classifications specified in the
relevant national industry standards. The Coast Guard rating system
relied on a prescriptive weight-based standard for the retardant, while
the modern industry standards, UL 711 and NFPA 10, are performance-
based. Currently, all Coast Guard-approved fire extinguishers are rated
by their testing laboratories using both the Coast Guard and the NFPA
10 and UL 711 rating systems. Sections 162.028-4 and 162.039-4 of Title
46 of the CFR require labeling of approved extinguishers with specific
language which includes the Coast Guard rating of the extinguisher. As
a result, the Coast Guard rating system was a duplicative and confusing
requirement that was inconsistent with current industry standards.
With this change, manufacturers of fire extinguishers no longer
have to label their extinguishers with the Coast Guard rating.
Extinguisher labeling will remain consistent with current industry
formats and styles, and manufacturers will not need to redesign their
current labels. This simplifies labeling requirements for manufacturers
and limits confusion for purchasers of fire extinguishers for marine
use. Currently, all fire extinguishers with Coast Guard-specific
approval are marked with a UL

[[Page 48230]]

rating. Therefore, 46 CFR 162.028-4 and 162.039-4 will no longer
require labeling of approved extinguishers with Coast Guard rating
language. The removal of these requirements eliminates confusion and
has no impact on the approval procedure. We anticipate that
manufacturers will continue using their current supply of labels and
will only remove the Coast Guard-specific rating information when they
order new labels. Industry therefore will not incur any additional
expense from this requirement.
The changes also include adjusting the current carriage
requirements for fire extinguishers found in each subchapter that are
currently based on the Coast Guard ratings (example: B-II) to an
equivalent requirement that is based on the NFPA 10 and UL 711 ratings
(example: 20-B). However, as previously noted in the NPRM, section ``V.
Discussion of Proposed Rule'', we established close correlation between
Coast Guard ratings and the NFPA 10 and UL 711 ratings, so that the
number and relative size of extinguishers does not change. In some
cases, however, a slightly larger or smaller extinguisher may be
required.
This rule does not require existing vessels to replace serviceable
portable and semi-portable fire extinguishers as long as the equipment
is properly maintained. When equipment is replaced, replacement fire
extinguishers will have to meet the requirements of this rule. New
vessels, constructed after the publication of the final rule, are
required to be equipped with extinguishers that conform to the new
requirements.
Whenever they become unserviceable, all portable and small semi-
portable fire extinguishers will require replacement with UL-rated
extinguishers. The examination of marine casualty reports from the
MISLE database found positive correlations in extinguisher performance
between the Coast Guard weight-based standard and the UL performance
standard. The prices of extinguishers obtained from industry catalogues
indicate there is no differential in prices between extinguishers
approved under the previous Coast Guard standard and comparable
extinguishers rated according to the UL standards. For this reason, we
do not expect these provisions relating to fire extinguishers in non-
machinery spaces to result in any additional cost to industry.
The provisions requiring UL class fire extinguishers will affect
certain vessels using large semi-portable CO2 extinguishers
(class B-IV and B-V). Extinguishers of this size are required in
certain machinery spaces of vessels described under the different
subchapters as shown in Table 4. The Coast Guard's previous weight-
based rating system allowed CO2 extinguishers to be used
where larger semi-portable extinguishers were required. However,
CO2 extinguishers cannot meet the UL performance standards
to receive a sufficient rating to be considered equivalent to class B-
IV and B-V extinguishers under those standards, therefore semi-portable
CO2 extinguishers will no longer be permitted to be used in
these circumstances. However, as with all other extinguishers, existing
vessels do not have to replace their currently operational
extinguishers and may continue to use these extinguishers in machinery
spaces until they become unserviceable, when they will have to be
replaced with extinguishers of comparable classification under the UL
rating scale. Vessels using CO2 based extinguishers will be
required to replace their semi-portable CO2 extinguisher
with an extinguisher that uses another extinguishing agent.
To determine if there is a cost differential between the current
Coast Guard-approved CO2 semi-portable fire extinguishers
and the comparable UL rated fire extinguishers, the Coast Guard
Lifesaving and Fire Safety Division (CG-ENG-4) examined the catalogue
pricing of B-V extinguishers that use other fire-retardant agents. The
average price of the CO2 based B-V extinguisher is
approximately $5,000, whereas the B-V extinguishers using other agents
range in price from $1,200 to $2,000. This cost differential will
result in a net savings \4\ for all vessels that replace these larger
CO2 extinguishers as we will not require replacement ahead
of the normal replacement schedule.
---------------------------------------------------------------------------

\4\ We are unable to provide a cost estimate for the savings
that vessels may incur from replacing CO2 extinguishers,
because there is no way of knowing the exact number of
CO2 extinguishers being carried on vessels or the rate of
future replacements.
---------------------------------------------------------------------------

Maintenance: NFPA 10: 2010
These provisions require that individuals performing the annual
inspection, maintenance, and necessary recharging of fire extinguishers
be certified in accordance with the standards of NFPA 10. Currently,
all Coast Guard approved portable fire extinguishers have language on
the label stating that the extinguisher is to be inspected and
maintained in accordance with NFPA 10. The NFPA 10 requirements are
consistent with long-standing industry standard practices in the U.S.,
both shoreside and marine, and refer to the inspection and maintenance
of fire extinguishers. We do not collect or maintain records of
personnel who are currently NFPA 10 certified, so we estimated
compliance costs below based on our best available information.
Non-rechargeable (non-refillable) fire extinguishers are
replaceable units that are expected to require little or no
maintenance; after one use or a maximum service life of 12 years, they
are replaced. For these extinguishers, all inspections (monthly and
annual) and maintenance can continue to be done by owners, operators or
designated crewmembers. Uninspected vessels, including recreational
vessels, generally carry these types of extinguishers and are therefore
not expected to be subject to any additional costs due to these
provisions.
The Coast Guard is not requiring that the vessel owners, operators,
or designated crewmembers performing monthly inspections and annual
maintenance of rechargeable fire extinguishers be NFPA 10 certified.
NFPA 10 requires that a ``certified'' person perform all annual
maintenance of rechargeable extinguishers. Under this rule, monthly
inspections can continue to be performed by the owner, operator or a
designated crewmember. For annual maintenance required by this rule
carried out by persons certified under NFPA 10, the Coast Guard will
accept the certification or licensing of a fire extinguisher servicing
company according to NFPA 10, granted by an appropriate state or local
AHJ for servicing and maintenance.
The Coast Guard's MISLE database contains records on approximately
114,395 fire extinguishers on 17,228 U.S.-flagged vessels which may be
affected by these provisions. We do not have information as to which of
these extinguishers are disposable and which are rechargeable; for the
cost analysis we assumed that all of the extinguishers are
rechargeable. We also estimated that more than 90 percent \5\ of
inspected vessels currently use private servicing companies (which are
already in compliance with NFPA 10) in lieu of doing their own annual
maintenance, and are therefore not expected to incur any additional
costs due to these provisions.
---------------------------------------------------------------------------

\5\ The 90 percent is an estimate provided by subject matter
experts from Coast Guard's Lifesaving& Fire Safety Division, Office
of Design & Engineering Standards based on input from field marine
inspectors.
---------------------------------------------------------------------------

The costs associated with these provisions include the
certification costs for owner/operators who wish to continue performing
annual maintenance according to NFPA 10

[[Page 48231]]

specifications. We estimate that 10 percent or 1,723 vessels are
currently not using a private servicing company to maintain their
extinguishers. We, therefore, assume that a designated individual from
each of these vessels will continue to perform annual maintenance on
their extinguishers and will therefore need to obtain certification.
Table 6 summarizes the population of vessels and fire extinguishers, as
well as the average extinguisher count per vessel.

Table 6--Affected Population for Vessels Choosing Certification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing population Affected population (10 percent
----------------------------------- of existing) Average per
CFR Subchapter ----------------------------------- vessel
Vessels Extinguishers Vessels Extinguishers
--------------------------------------------------------------------------------------------------------------------------------------------------------
D--Tank Vessels................................................... 3,261 12,715 326 1,272 3.90
H--Passenger Vessels.............................................. 278 8,282 28 828 29.79
I--Cargo and misc. Vessels........................................ 1,609 30,674 161 3,067 19.06
I-A--MODU......................................................... 81 4,222 8 422 52.12
K--Small Passenger Carrying 150+ PAX or 49+ Overnight............. 455 3,646 46 365 8.01
L--Offshore Supply Vessels........................................ 563 11,881 56 1,188 21.10
N--Dangerous Cargoes (Dry Bulk)................................... 44 323 4 32 7.34
R--Nautical Schools............................................... 44 865 4 87 19.66
T--Small Passenger Vessels (<100 Gross Tons)...................... 10,354 38,286 1,035 3,829 3.70
U--Oceanographic Vessels.......................................... 75 1,900 8 190 25.33
Unspecified....................................................... 464 1,601 46 160 3.45
-------------------------------------------------------------------------------------
Totals *...................................................... 17,228 114,395 1,722 11,440 6.64
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

NFPA 10 certification can be obtained by either taking an online
examination that lasts 2\1/2\ hours, or by attending an 8-hour seminar
concluding with an examination. Upon successful completion, a
certificate is awarded which will be valid for three years. We assume
that individuals currently servicing fire extinguishers are familiar
with proper maintenance methods and any necessary training prior to the
exam will be accomplished through on-the-job training. We also assume
that owners and operators will choose the least-costly and time-
consuming means of obtaining certification. Therefore, we assume that
certification will be obtained using the online method. Based on an
online price quote from Fire Protection Certification Ltd,\6\ we
estimate the cost for NFPA 10 certification using the online method of
certification to be $139 per course.\7\
---------------------------------------------------------------------------

\6\ https://www.fpcltd.com/.
\7\ https://train.fpcltd.com/.
---------------------------------------------------------------------------

As previously discussed, information from the BLS indicates that
the loaded mean hourly labor cost (wages and benefits) is $28 (rounded)
for crew members (BLS occupation code 53-5011--Sailors and Marine
Oilers). This loaded wage rate includes the hourly base wage rates of
$19.56 multiplied by a load factor of 1.43. We assume one crew member
per vessel will be certified. We also anticipate that in the initial
year of this rule, all vessels performing their own maintenance will
have a crewmember certified. Thereafter, we anticipate that \1/3\ of
the affected population will have one crewmember certified each
year.\8\ Certification through online examination will cost
approximately $209 per mariner ($139 + (2.5 hrs x $28/hr)). The annual
cost of online examination for 10 percent of the affected population is
approximately $360,000 (undiscounted) for the first year and
approximately $120,000 (undiscounted) for the recurring years.
---------------------------------------------------------------------------

\8\ The \1/3\ certification estimate is based on vessels having
employee turnover and/or crewmember needing to re-certify every
three years. In this analysis we assume that for years 2 and 3, \1/
3\ of the affected population will be required to get certified due
to an equal number of crew turnover or change in job status that
would require new certification of another crewmember. Thereafter,
we assume that the number of crewmember turnover, change of job
status and re-certification would equate to \1/3\ of the affected
population per year.
---------------------------------------------------------------------------

Additionally, we anticipated that industry will incur a cost burden
for recordkeeping of crew members' certifications. Vessel owners and
operators must have crew members' certificates available when asked by
an inspector to verify crew member training. We assume that a person in
charge of the vessel will spend 2 minutes filing the certificate and 2
minutes to produce the certificate upon request. Based on information
from the BLS, we estimate a loaded wage rate \9\ of $52 (rounded) and
an estimated annual cost of this requirement to be $3.47 per vessel
($52 x 4 minutes / 60 min/hr). We have included a detailed Paperwork
Reduction Analysis in the collection of information section of the RA.
---------------------------------------------------------------------------

\9\ Mean hourly wage of $36.34 for BLS occupation code 53-5021,
Captains, Mates, and Pilots of Water Vessels (https://www.bls.gov/oes/2012/may/oes535021.htm), multiplied by a load factor of 1.43.
---------------------------------------------------------------------------

Over the 10-year period of analysis, we estimate the present total
value cost at approximately $1.08 million discounted at 7 percent with
an annualized cost of approximately $154,000 discounted at 7 percent.
Table 7 summarizes the cost impact of this rule on industry.

Table 7--Certification Costs for NFPA 10
----------------------------------------------------------------------------------------------------------------
Undiscounted costs Total discounted costs
---------------------------------------------------------------
Year Certifications Total with Online Online
per year Cost of online recordkeeping examination examination (3
examination costs (7 percent) percent)
----------------------------------------------------------------------------------------------------------------
1............................... 1,722 $359,898 $365,873 $341,938 $355,217

[[Page 48232]]

2............................... 574 119,966 121,958 106,523 114,957
3............................... 574 119,966 121,958 99,554 111,609
4............................... 574 119,966 121,958 93,041 108,358
5............................... 574 119,966 121,958 86,954 105,202
6............................... 574 119,966 121,958 81,266 102,138
7............................... 574 119,966 121,958 75,949 99,163
8............................... 574 119,966 121,958 70,981 96,275
9............................... 574 119,966 121,958 66,337 93,470
10.............................. 574 119,966 121,958 61,997 90,748
-------------------------------------------------------------------------------
Totals *.................... .............. 1,439,592 1,463,493 1,084,539 1,277,136
-------------------------------
Annualized.................. .............. .............. .............. 154,414 149,719
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

(3) Spanner Wrench Carriage Requirement for Small Passenger Vessels
These provisions require that all subchapter K and T vessels carry
a spanner wrench for each 1\1/2\ inch diameter hose installation.
According to the Coast Guard's MISLE database, there are approximately
2,613 subchapter K and T vessels with 1\1/2\ inch diameter hose
installations. The total number of 1\1/2\ inch diameter hose
installations onboard the vessels is 6,645, for an average of
approximately 2.5 hose installations per vessel. The individual
catalogue prices of spanner wrenches indicate a cost of $15 to $25
each.
Table 8 summarizes the vessel population and the cost of the
potential distribution of spanner wrenches per vessel costs depending
on the number of 1\1/2\ inch diameter hose installations. Coast Guard
marine inspectors report that over 90 percent of subchapter K and T
vessels already have the necessary spanner wrenches. We therefore
assume that 261 vessels, or 10 percent of vessels in the affected
population, will need to purchase spanner wrenches based on the number
of 1\1/2\ inch diameter hose installations on board.

Table 8--Summary of Vessel Population and Potential Per-Vessel Costs
----------------------------------------------------------------------------------------------------------------
10 Percent of Costs per vessel
Number of 1\1/2\''-hose installations Total vessel affected -------------------------------
count vessels Low High
----------------------------------------------------------------------------------------------------------------
1............................................... 645 65 $15 $25
2............................................... 1,295 130 30 50
3............................................... 267 27 45 75
4............................................... 158 16 60 100
5............................................... 125 13 75 125
6-9............................................. 81 8 90-135 150-225
10-20........................................... 33 3 150-300 250-500
>20............................................. 9 1 300-$750 525-$1,250
---------------------------------------------------------------
Total *..................................... 2,613 261
----------------------------------------------------------------------------------------------------------------

Table 9 summarizes the total costs of this requirement to industry.
Although we increased the compliance period from 30 days to 180 days
following the publication of the rule, we still assume the costs of
this requirement to be incurred in the first year. We estimated costs
for this provision based on the average cost range of spanner wrenches
to be $20 per spanner wrench. Based on information from MISLE, there
are approximately 6,645 1\1/2\ inch diameter hose installations onboard
2,613 vessels for an average of 2.5 (rounded) 1\1/2\ inch diameter hose
installations per vessel. Based on an average of 2.5 hose installations
per vessel (as noted above, for cost calculation purposes in this
analysis we use an average cost for the wrench of $20), the average per
vessel cost is approximately $50 ($20 per unit x 2.5 units per vessel).

Table 9--Total Costs of Spanner Wrench-Carriage Requirement
----------------------------------------------------------------------------------------------------------------
10 Percent of
count of 1\1/
Affected 2\'' Wrench costs Total * (B x C)
vessels (A) installations (C)
(B)
----------------------------------------------------------------------------------------------------------------
Spanner Wrench Price........................ 261 665 $20 $13,290
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

[[Page 48233]]

Summary of Total Costs From All Provisions
The total cost of this rule stems from three provisions: (1)
Installation of a sensing device for vessels using sample extraction
fire detection methods; (2) the NFPA 10 certification costs for owners
and operators who wish to continue performing annual maintenance
themselves; and (3) the spanner wrench carriage requirement. Table 10
summarizes the total costs for these provisions and Table 11 presents
the average total discounted and annualized costs by inspection
subchapter (7 percent discount rate). Over the 10-year period of
analysis, we estimate total discounted costs of these provisions to be
approximately $1.1 million and the annualized (rounded) cost at
$156,600 using a discount rate of 7 percent.

Table 10--Estimate for Total Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Undiscounted costs Discounted costs
--------------------------------------------------------------------------------------------------
Year NFPA 10
Sample Certification and Spanner Undiscounted Total costs (7 Total costs (3
extraction recordkeeping wrenches total costs percent) percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.................................................... $0 $365,873 $13,290 $379,163 $354,358 $368,120
2.................................................... 0 121,958 121,958 106,523 114,957
3.................................................... 1,243 121,958 123,201 100,569 112,746
4.................................................... 1,243 121,958 123,201 93,989 109,462
5.................................................... 1,243 121,958 123,201 87,840 106,274
6.................................................... 121,958 121,958 81,266 102,138
7.................................................... 121,958 121,958 75,949 99,163
8.................................................... 121,958 121,958 70,981 96,275
9.................................................... 121,958 121,958 66,337 93,470
10................................................... 121,958 121,958 61,997 90,748
--------------------------------------------------------------------------------------------------
Totals *......................................... 3,729 1,463,493 13,290 1,480,512 1,099,809 1,293,353
-------------------------------
Annualized....................................... 156,588 151,620
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

Total Costs by CFR Subchapter
As this rule affects a range of commercial vessels regulated under
a number of 46 CFR subchapters, we present a summary of those affected
vessels organized by CFR subchapter designation in Table 11. This
summary aggregates the per-vessel costs based on a vessel's inspection
subchapter designation. The summary in Table 11 presents the average
10-year and annualized costs, discounted at 7 percent. We also present
the total number of affected vessels and the average annualized
discounted cost per vessel (7 percent). Over the 10-year period of
analysis, we estimate approximately 1,986 vessels will incur an average
annualized cost of $79 per vessel.

Table 11--Average Discounted Total Costs by Inspection Subchapter
[7 percent]
----------------------------------------------------------------------------------------------------------------
Discounted Annualized Annualized
CFR Subchapter designation Description total costs (7 costs (7 Affected costs per
percent) percent) (A) population (B) vessel (A/B)
----------------------------------------------------------------------------------------------------------------
C............................. Uninspected $0 $0 n/a n/a
Vessels.
D............................. Tank Vessels.... 205,319 29,233 326 $90
H............................. Passenger 18,585 2,646 29 91
Vessels >100 GT.
I............................. Cargo Vessels... 103,299 14,708 163 90
IA............................ MODU............ 5,039 717 8 90
K............................. Small Passenger 39,298 5,595 90 49
Vessels.
L............................. Offshore Supply 35,270 5,022 56 90
Vessels.
N............................. Dangerous 2,519 359 4 90
Cargoes (Dry
Bulk).
R............................. Nautical Schools 2,519 359 4 90
T............................. Small Passenger 653,951 93,108 1,252 75
Vessels.
U............................. Oceanographic 5,039 717 8 90
Research.
UNSPECIFIED................... ................ 28,971 4,125 46 90
---------------------------------------------------------------------------------
Totals *.................. ................ 1,099,809 156,588 1,986 ** 79
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.
** Average across all vessels.

[[Page 48234]]

Benefits
1. Harmonization and Compliance with International and National
Standards
The benefits of the rule include harmonization and compliance with
current international consensus standards, and harmonization with
national industry consensus standards.
For U.S. vessels to receive SOLAS certification, they must be
constructed and maintained to international SOLAS standards in addition
to Coast Guard regulations. Therefore, harmonizing our regulations with
SOLAS requirements reduces the regulatory burden on vessel owners and
operators. Further, for SOLAS vessels, compliance with SOLAS standards
is necessary to prevent a vessel from being subject to potential
detention by Port State Control officers. Port State Control officers
can detain a ship in a foreign port and require that any deficiencies
be rectified before the ship can depart. Delays of this type can be
costly to the owners and operators of vessels. Additionally, permitting
non-SOLAS vessels to use certain equipment and materials approved to
international SOLAS standards instead of domestic standards will give
these vessels more options during the design, installation and
outfitting process of the vessel.
For both SOLAS and non-SOLAS vessels, the harmonization with
national industry consensus standards allows vessels to take advantage
of modern technologies developed for shoreside use. The marine market
for fire safety equipment is much smaller than that for the shoreside
industry and, by incorporating the use of appropriate national industry
consensus standards, this rule allows vessels a wider choice of
equipment that still meets the standards required for vessel safety.
This increase in availability and selection of products and services
allows owners and operators to increase their purchasing power by
improving the product and pricing options available through greater
competition.
Most of the harmonization provisions, whether international
standards or modern industry consensus standards are not expected to
impose any additional costs on industry because they will not require
the immediate replacement of serviceable current equipment. Current
equipment will be replaced only at the end of its serviceable life, in
most cases. The cost of replacement equipment that meets the new
standards is expected to be the same or less costly than its current
counterpart in the marine market. Additionally, these provisions
provide additional economic efficiencies through the expansion of
markets, particularly international markets.
2. NFPA 10 Certification
Because of its relatively large size, the shoreside fire fighting
industry drives innovations and the establishment of standards. NFPA 10
certification for individuals maintaining fire extinguishers is an
established shoreside standard and practice helping to ensure that
pressure vessels are properly handled and maintained. Similarly, NFPA
10 certification for mariners servicing fire extinguishers helps to
ensure that those performing the maintenance have been trained to a
uniform acceptable standard. These certifications help to preserve the
margin of safety necessary when handling pressure vessels, such as
portable fire extinguishers. Additionally, national industry consensus
standards, incorporated by reference, help to ensure that maintenance
is performed in a consistent manner. This allows vessel owners and
operators to take advantage of improved methodologies and safe
operating procedures as well as removing barriers for the maintenance
industry to service the maritime sector, potentially expanding the
market of service providers and reducing costs.
3. Ventilation of Potentially Toxic or Flammable Gases for Systems
Using Sample Gas Extraction
Sample gas extraction systems which route environmental samples
from the cargo holds to the bridge so a watchstander can detect a
problem by smell are considered by international consensus standards to
be unacceptably dangerous. These potentially toxic or flammable gases
may create hazardous conditions and may present unnecessary and
avoidable risks to the watchstander. In recognition of this, the 1978
SOLAS protocol, which went into effect May 25, 1980, directed that the
gases be vented to the exterior rather than to the bridge. The need for
a reduction of human exposure to potentially hazardous environments is
well recognized by OSHA as noted in their implementation of ventilation
standards, including exhaust ventilation systems (29 CFR
1910.94(a)(4)). These standards specify that potentially toxic gasses
should be routed away from human-occupied spaces.
Additionally, the installation of a detection system provides
increased warning capabilities as both a visual and audible alarm are
installed. As such, the detection system reduces detection time as the
sensitivity to gases, which indicates potential problems, is much more
sensitive and consistent than an individual crew member's olfactory
sense. Finally, the environmental conditions are improved as
potentially toxic or flammable gases are no longer routed into human-
occupied spaces.
4. Spanner Wrench Carriage Requirement
The requirement for spanner wrenches ensures that the safety
equipment installed onboard vessels is available for use. These
requirements ensure that a 1\1/2\ inch hose can be used in the case of
an emergency. Additionally, requiring the placement of the wrench near
the hose installation may reduce response time as the necessary tool is
readily available.

B. Small Entities

Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
In order to determine whether this rule will have a significant
impact on a substantial number of small entities, we assume the maximum
potential impact any single vessel and entity will incur when
estimating costs. Table 12 illustrates this possibility should a single
entity choose to implement these requirements on the same vessel during
the first year. We anticipate that the estimated average annualized
discounted cost (7 percent) per vessel to be $79. Table 11 (above)
discusses the distribution of costs by CFR subchapter and we note that
the annualized discounted costs (7 percent) range from approximately
$49 to $90.

[[Page 48235]]

Table 12--Estimated Maximum Undiscounted First Year Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Totals (undiscounted)
Sample Spanner wrench -----------------------------------------------
CFR subchapter designation Description extraction NFPA 10 costs costs Cost per
costs Total costs Vessel count vessel
--------------------------------------------------------------------------------------------------------------------------------------------------------
C................................. Uninspected Vessels. .............. $0 .............. $0 n/a n/a
D................................. Tank Vessels........ .............. 69,265 .............. 69,265 326 $212
H................................. Passenger Vessels > $1,243 5,949 .............. 7,192 28 257
100 GT.
I................................. Cargo Vessels....... 2,486 34,208 .............. 36,694 161 228
IA................................ MODU................ .............. 1,700 .............. 1,700 8 212
K................................. Small Passenger .............. 9,774 $2,240 12,014 46 261
Vessels.
L................................. Offshore Supply .............. 11,898 .............. 11,898 56 212
Vessels.
N................................. Dangerous Cargoes .............. 850 .............. 850 4 212
(Dry Bulk).
R................................. Nautical Schools.... .............. 850 .............. 850 4 212
T................................. Small Passenger .............. 219,906 11,050 230,956 1,035 223
Vessels.
U................................. Oceanographic .............. 1,700 .............. 1,700 8 212
Research.
UNSPECIFIED....................... .................... .............. 9,774 .............. 9,774 46 212
--------------------------------------------------------------------------------------------------------------------------------------------------------

We next calculate the expected impact on small entities using a 1
percent revenue impact as a threshold level. In order for a small
entity to incur this threshold value, their average annual revenue must
be less than the 1 percent revenue listed in table 13 below. Using
information from several industry sources which contain revenue and
employee size information (such as Manta, Cortera, and ReferenceUSA),
the Coast Guard has developed a database of entities in the maritime
industry which includes the vessels they own. Table 13 presents the
distribution of these entities which is broken down by the vessel
inspection subchapter designation, the estimated number of small
entities, and the estimated count of small entities with revenue under
the threshold value based on the cost impact presented in Table 12.

Table 13--Estimated Distribution of Small Entities by Inspection Subchapter
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revenue for a Count of
CFR Subchapter designation Number of Average revenue Maximum revenue Minimum 1 percent entities under
small entities revenue impact the threshold
--------------------------------------------------------------------------------------------------------------------------------------------------------
C............................................... 1,094 $1,380,864,403 $187,437,000,000 $15,000 n/a n/a
D............................................... 146 21,494,060,774 187,437,000,000 62,000 21,247 0
H............................................... 45 100,290,000 500,000,000 500,000 25,686 0
I............................................... 142 86,252,652 1,070,988,000 70,000 22,791 0
IA.............................................. 16 242,016,333 1,767,445,000 390,000 21,247 0
K............................................... 48 5,915,538 50,000,000 110,000 26,118 0
L............................................... 18 4,532,613 20,000,000 150,000 21,247 0
N............................................... 3 27,075,000 100,000,000 500,000 21,247 0
R............................................... 6 849,996 1,549,979 200,000 21,247 0
T............................................... 1,015 12,532,100 1,000,000,000 9,000 22,315 4
U............................................... 8 27,500,000 50,000,000 5,000,000 21,247 0
UNSPECIFIED..................................... 347 46,920,905 1,390,835,000 2,000 21,247 5
BLANK *......................................... 24 58,153,333 741,370,000 140,000 n/a n/a
Totals **................................... 2,912
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Vessels with `BLANK' inspection subchapters are treated as `Uninspected.'
** Totals may not sum due to rounding.

We classify small entities using the North American Industry
Classification System (NAICS) codes for those entities that had revenue
and size data. The 2,912 small entities with data are represented by
262 different NAICS codes or categories. We used the Small Business
Administration size standards for each NAICS code to determine if a
business was small. We found that the top 10 NAICS categories represent
about 41 percent, or 1,191 of the 2,912 small entities that we
analyzed. The remaining 59 percent, or 1,721 small entities, are
represented by 252 different NAICS categories. The top 10 NAICS
categories as described by the United States Census Bureau and their
approximate revenues are presented in Table 14.

[[Page 48236]]

Table 14--Top 10 NAICS Codes and Their Minimum, Maximum, and Average Revenue
----------------------------------------------------------------------------------------------------------------
NAICS Description Average revenue Minimum revenue Maximum revenue
----------------------------------------------------------------------------------------------------------------
487210.......................... Scenic and Sightseeing $1,944,343 $50,000 $50,000,000
Transportation, Water.
488330.......................... Navigational Services to 8,345,361 44,000 500,000,000
Shipping.
713990.......................... All Other Amusement and 1,102,422 36,000 69,921,582
Recreation Industries.
238910.......................... Site Preparation 32,709,859 300,000 1,767,445,000
Contractors.
713930.......................... Marinas................. 4,630,929 78,000 50,000,000
488390.......................... Other Support Activities 18,174,058 30,000 1,390,835,000
for Water
Transportation.
561990.......................... All Other Support 1,102,015 46,000 50,000,000
Services.
441222.......................... Boat Dealers............ 10,158,095 130,000 80,000,000
336611.......................... Ship Building and 46,894,870 99,000 500,000,000
Repairing.
813410.......................... Civic and Social 2,517,346 80,000 6,308,457
Organizations.
----------------------------------------------------------------------------------------------------------------

The Coast Guard assumes that entities will choose to minimize
revenue impacts for any given year; therefore, we estimate the revenue
impact will more closely resemble the discussion presented in Table 11.
However, based on the analysis presented in Tables 12 and 13, at most 9
out of 1,362 (1,015 + 347) entities may experience annual costs
exceeding the 1 percent threshold. As a result, the Coast Guard assumes
this rule will not significantly impact revenues on a substantial
number of small entities (i.e., annual costs are expected to be less
than one percent of annual revenues), and therefore, does not represent
a significant economic impact on affected small entities. Therefore,
the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.

C. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

This final rule calls for a collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. As defined in 5
CFR 1310.3 (c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The Title and description of the information collection, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection. This rule will modify an existing collection as discussed
below.
Title: Certificates of Compliance, Boiler/Pressure Vessel Repairs,
Cargo Gear Records, and Shipping Papers.
OMB Control Number: 1625-0037.
Summary of Collection of Information: These requirements provide
the marine inspector with information regarding the condition of a
vessel and its equipment, a list of the type and amount of cargo that
has been or is being carried on a vessel, plus information about the
owner of the vessel. Each of these requirements relate to the promotion
of safety of life at sea and protection of the marine environment.
Need for Information: The certification requirement will provide
proof that the crewmember assigned to perform the annual fire
extinguisher maintenance for rechargeable fire extinguishers onboard a
vessel is trained and certified in accordance with NFPA 10 industry
standards. Vessel owners and operators must have crew members'
certificates available when asked by an inspector to verify crew member
training.
Use of Information: The certificate verifies that crewmembers
performing annual maintenance on rechargeable fire extinguishers are
current on NFPA 10 training and standards.
Description of the Respondent: We anticipate that a small number of
the affected population (1,722 vessel owner/operators) will perform
their own annual maintenance on rechargeable fire extinguishers. Vessel
owners and operators do have the option of hiring servicing companies
to perform the annual maintenance instead of performing the task
themselves. However, if a vessel owner or operator elects to perform
the annual maintenance on rechargeable fire extinguishers themselves,
the crewmember selected for the duty must be trained and certified in
NFPA 10 industry standards. We assume the vessel Master will maintain
the certificate on file.
Number of Responents: We estimate that a Master for each of 1,722
vessels will be affected by this rule. See Table 6 for an estimated
detailed description of the number of vessels affected by this
requirement.
Frequency of the Response: We anticipate that all 1,722 vessels
will have a crewmember trained and certified in accordance with NFPA 10
industry standards to perform annual maintenance on rechargeable fire
extinguishers. We estimate that in the first year all vessels in the
affected population will require certification. After the first year,
we estimate that \1/3\ of the affected population, or 574 crewmembers,
will require new certification or re-certification. See footnote 8
above for an explanation of the assumption used in the certification
for years 2 and 3. We estimate the three year average number of
respondents to be 957 ((1,722 + 574 + 574)/3).
Burden of Response: We estimate an additional burden imposed by
this rule to be 4 minutes on a per-vessel basis. The amount of annual
recordkeeping required is anticipated to be less than two minutes for
filing the certificate, and another two minutes for producing the
certificate during periodic inspections.

[[Page 48237]]

Estimate of Total Annual Burden: We estimate the total annual
burden for the affected population in the initial year of this rule to
be 114.8 hours ((4 min x 1,722 total affected population)/60 minutes).
After the initial year, we anticipate that \1/3\ of the affected
population, 574 vessel Masters,\10\ will be burdened with this new
requirement each year. We estimate the annual burden, after the initial
year, to be 38.3 hours ((4 min x 574)/60 minutes). The annual cost of
this burden in the initial year is estimated to be $5,970 (114.8 hours
x $52 Vessel Masters), and after the initial year to be $1,990 (38.3
hours x $52 Vessel Masters). The per-vessel burden cost is estimated to
be $3.47 ($1,990/574) (note that the per-vessel cost burden in the
initial year will be equal to the burden in the subsequent years).
---------------------------------------------------------------------------

\10\ As discussed above in section VII. Regulatory Analysis, we
assume a vessel master will be responsible for filing and producing
the certificate upon request.
---------------------------------------------------------------------------

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507
(d)), we have submitted a copy of this rule to OMB for its review of
the collection of information.
You are not required to respond to a collection of information
unless it displays a currently valid OMB control number. OMB has not
yet completed its review of this collection. Therefore, we are not
making 33 CFR 145.01 and 149.408; 46 CFR 25.30-10; 31.01-2; 31.10-18;
71.25-20; 91.25-7; 91.25-20; 107.235; 169.247; 176.810; 188.01-5; and
189.25-20 effective until OMB completes action on our information
collection request, at which time we will publish a Federal Register
notice describing OMB's action and, if OMB grants approval, notifying
you when 33 CFR 145.01 and 149.408; 46 CFR 25.30-10; 31.01-2; 31.10-18;
71.25-20; 91.25-7; 91.25-20; 107.235; 169.247; 176.810; 188.01-5; and
189.25-20 take effect.

E. Federalism

A rule has implications for federalism under E.O. 13132
(``Federalism'') if it has a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. We have analyzed this rule under that Order and
have determined that it is consistent with the fundamental principles
and preemption requirements described in E.O. 13132. Our analysis is
explained in the following paragraphs.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard, including categories for
inspected vessels. It is also well-settled, now, that all of the
categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of vessels), as well as the
reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000)).
This rule regulates fire prevention, protection, detection,
extinguishing equipment, and materials on inspected vessels, and
therefore the States may not regulate within this category of fire
prevention equipment. Therefore, the rule is consistent with the
principles of federalism and preemption requirements in E.O. 13132.
Additionally, towing vessels are now subject to inspection under 46
U.S.C. 3301 and 3306. As mentioned above, it is well-settled that
states may not regulate within categories covered in 46 U.S.C. 3306 for
inspected vessels. Since this rule creates comprehensive regulations
for fire prevention, protection, detection, extinguishing equipment,
and materials on towing vessels, states may not regulate within this
category of fire prevention equipment. Therefore, the rule is
consistent with the principles of federalism and preemption
requirements in E.O. 13132.
Congress also granted to the Coast Guard, through delegation by the
Secretary, the authority to promulgate regulations with respect to fire
fighting equipment on uninspected vessels. 46 U.S.C. 4102(a) requires
that ``[e]ach uninspected vessel propelled by machinery shall be
provided with the number, type, and size of fire extinguishers, capable
of promptly and effectively extinguishing burning liquid fuel, that may
be prescribed by regulation.'' This rule regulates, among other things,
fire extinguishing equipment on uninspected vessels, and therefore the
States may not regulate within this category. Therefore, the rule is
consistent with the principles of federalism and preemption
requirements in E.O. 13132.
Additionally, with regard to regulations promulgated under 46
U.S.C. 4302 concerning recreational vessels, under 46 U.S.C. 4306,
those Federal regulations that establish minimum safety standards for
recreational vessels and their associated equipment, as well as
regulations that establish procedures and tests required to measure
conformance with those standards, preempt State law, unless the State
law is identical to a Federal regulation or a State has specifically
provided an exemption to those regulations, or permitted to regulate
marine safety articles carried or used to address a hazardous condition
or circumstance unique to that State. This rule establishes minimum
requirements for fire extinguishing equipment for recreational vessels,
and therefore the States may not issue regulations that differ from
Coast Guard regulations within these fire equipment categories for
recreational vessels. Therefore, the rule is consistent with the
principles of federalism and preemption requirements in E.O. 13132.
Congress also granted the authority, through delegation by the
Secretary, to promulgate regulations for uninspected commercial fishing
vessels, which requires these vessels to ``be equipped with readily
accessible fire extinguishers capable of promptly and effectively
extinguishing a flammable or combustible liquid fuel fire.'' 46 U.S.C.
4502(a)(1). Also, Congress permitted the Secretary to establish minimum
safety standards for certain uninspected commercial fishing vessels,
including standards for ``fire protection and fire fighting equipment,
including fire alarms and portable and semi-portable fire extinguishing
equipment.'' 46 U.S.C. 4502(c)(2)(C). As this rule regulates fire
prevention, protection, detection, extinguishing equipment, and
materials on uninspected commercial fishing vessels, the States may not
regulate within this category of equipment, therefore, this rule is
consistent with the principles of federalism and preemption
requirements in E.O. 13132.
Additionally, Congress specifically granted the authority to
regulate artificial islands, installations, and other devices
permanently or temporarily attached to the OCS and in the waters
adjacent thereto as it relates to the safety of life to the Secretary
of the Department in which the Coast Guard is operating. 43 U.S.C.
1333(d)(1) states that the Secretary ``shall have the authority to
promulgate and enforce such reasonable regulations with respect to
lights and other warning devices, safety equipment, and other matters
relating to the promotion of safety of life and property on the
artificial islands, installations, and other devices . . . as he may
deem necessary.'' As this rule

[[Page 48238]]

regulates fire prevention, protection, detection, extinguishing
equipment, and materials to ensure safety of life on these OCS
installations, it falls within the scope of authority Congress has
granted exclusively to the Secretary. This authority has been delegated
to the Coast Guard and is exercised in this rulemaking, and the States
may not regulate within this category of safety equipment. Therefore,
the rule is consistent with the principles of federalism and preemption
requirements in E.O. 13132.
Finally, Congress granted the authority to regulate deepwater ports
to the Secretary of Transportation. 33 U.S.C. 1509(b) states that the
Secretary of Transportation ``shall issue and enforce regulations with
respect to lights and other warning devices, safety equipment, and
other matters relating to the promotion of safety of life and property
in any deepwater port and the waters adjacent thereto.'' When the Coast
Guard was an agency within the Department of Transportation, the
authority to issue regulations with respect to safety on deepwater
ports was delegated to the Coast Guard. See 49 CFR 1.46(s). The
Homeland Security Act of 2002, Public Law 107-296, transferred the
Coast Guard to the Department of Homeland Security. Pursuant to the
Homeland Security Act, authorities that were delegated to the Coast
Guard remained intact during this transfer by operation of law. The
authority was then delegated to the Commandant of the Coast Guard
through Department of Homeland Security Delegation 0170.1. Since this
rule regulates fire prevention, protection, detection, extinguishing
equipment and materials to ensure safety on deepwater ports, it falls
within the scope of authority that has been transferred, delegated to,
and exercised by the Coast Guard. The States may not regulate within
this category of safety equipment. Therefore, the rule is consistent
with the principles of federalism and preemption requirements in E.O.
13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with implications and
preemptive effect, E.O. 13132 specifically directs agencies to consult
with State and local governments during the rulemaking process.
The Coast Guard invited State and local governments and their
representative national organizations to indicate their desire for
participation and consultation in this rulemaking process by submitting
comments to the NPRM. In accordance with Executive Order 13132,
Federalism, the Coast Guard provides this federalism impact statement:
(1) There were no comments submitted by State or local governments
to the Notice of Proposed Rulemaking published in the Federal Register
on January 13, 2014 (79 FR 2254).
(2) There were no concerns expressed by State or local governments.
(3) As no concerns were expressed or comments received from State
or local governments, there is no statement required to document the
extent to which any concerns were met.

F. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

G. Taking of Private Property

This rule will not cause a taking of private property or otherwise
have taking implications under E.O. 12630 (``Governmental Actions and
Interference with Constitutionally Protected Property Rights'').

H. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988 (``Civil Justice Reform''), to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

We have analyzed this rule under E.O. 13045 (``Protection of
Children from Environmental Health Risks and Safety Risks''). This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

This rule does not have tribal implications under E.O. 13175
(``Consultation and Coordination with Indian Tribal Governments''),
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

We have analyzed this final rule under E.O. 13211 (``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use''). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under E. O. 12866 and is not likely
to have a significant adverse effect on the supply, distribution, or
use of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under E.O. 13211.

L. Technical Standards and 1 CFR Part 51

The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through the Office of Management and Budget, with an
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies. This rule incorporates by
reference the following new voluntary consensus standards, which are
listed and summarized below:
ANSI/FM 3260 Approvals, American National Standard for
Radiant Energy-Sensing Fire Detectors for Automatic Fire Alarm
Signaling, February 2004. This standard sets performance requirements
for radiant energy sensing fire detectors used for automatic fire alarm
signaling.
ASTM F1546/F1546 M--96 (Reapproved 2012), Standard
Specification for Fire Hose Nozzles, approved May 1, 2012. This
specification covers the material and performance requirements for
adjustable-pattern water spray nozzles intended for general and marine
fire fighting use.
CGA C-6-2007, Standards for Visual Inspection of Steel
Compressed Gas Cylinders, Tenth Edition. This standard covers visual
inspections required to ensure that compressed gas

[[Page 48239]]

cylinders, including those used on ships for gaseous fire suppression
systems, are in a safe working condition.
FSS Code, International Code for Fire Safety Systems,
Second Edition, 2007 Edition (Resolution MSC.98(73)). This code
provides standards for design, installation, and performance of marine
fire safety systems including fire detection, alarm, and extinguishing
systems.
2010 FTP Code, International Code for Application of Fire
Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition. This code
sets forth fire test procedures for testing, evaluating and approving
products used as the materials of construction of vessels.
IEC 60092-504:2001(E), Electrical Installations in Ships--
Part 504: Special Features--Control and Instrumentation, Third edition,
March 2001. This standard is intended to ensure safety in the design,
selection, installation, maintenance and use of electrical equipment
for the generation, storage, distribution and utilization of electrical
energy for all purposes in seagoing ships.
IMO Resolution A.653(16), Recommendation on Improved Fire
Test Procedures for Surface Flammability of Bulkhead, Ceiling and Deck
Finish Materials, adopted on 19 October 1989. This resolution specifies
a procedure for measuring fire characteristics of bulkhead, ceiling and
deck finish materials for characterizing their flammability and
resultant suitability for shipboard use.
IMO Resolution A.753(18), Guidelines for the Application
of Plastic Pipes on Ships, adopted on 4 November 1993. This resolution
sets forth material design properties, performance criteria, and test
methods for plastic pipe used in vessels.
IMO Resolution A.754(18), Recommendation on Fire
Resistance Tests for ``A'', ``B'' and ``F'' Class Divisions, adopted 4
November 1993. This resolution sets forth the fire test procedures for
determining the acceptability of products for use as parts of fire
resistive decks, bulkheads, etc. in vessels.
IMO Resolution A.1021(26), Code on Alerts and Indicators,
2009, adopted on 2 December 2009. This code provides general design
guidance for shipboard alarms and indicators including information on
type, location and priority of alarms and components.
IMO Resolution MSC.313(88), Amendments to the Guidelines
for the Application of Plastic Pipes on Ships, adopted 26 November
2010. This resolution sets forth material design properties,
performance criteria, and test methods for plastic pipe used in
vessels.
International Convention for the Safety of Life at Sea
(SOLAS), as amended, Consolidated Edition, 2009, including Erratum.
This convention sets forth uniform principles and rules for the
promotion of maritime safety, including passive and active elements of
ship construction and equipment for fire protection, detection, and
extinction.
ISO/IEC 17025:2005(E), International Standard: General
requirements for the competence of testing and calibration
laboratories, Second edition, 15 May 2005. This standard sets forth
management and technical requirements for the accreditation of testing
and calibration laboratories.
NFPA 12A, Standard on Halon 1301 Fire Extinguishing
Systems, 2009 Edition, effective July 18, 2008. This standard provides
guidance in purchasing, designing, installing, testing, inspecting,
approving, listing, operating, maintaining, decommissioning and
removing halogenated agents extinguishing systems such as the legacy
Halon 1301 systems used on some ships.
NFPA 1964, Standard for Spray Nozzles, 2008 Edition,
effective December 31, 2007. This standard covers the material and
performance requirements for adjustable-pattern water spray nozzles
intended for general and marine fire fighting use.
UL 8, Standard for Safety for Water Based Agent Fire
Extinguishers, Sixth Edition, dated February 28, 2005, as amended
through July 27, 2010. This standard covers the construction,
performance and testing, exclusive of performance during fire tests, of
portable foam-type fire extinguishers.
UL 154, Standard for Safety for Carbon-Dioxide Fire
Extinguishers, Ninth Edition, dated February 28, 2005, as amended
through November 8, 2010. This standard covers the construction,
performance and testing, exclusive of performance during fire tests, of
0portable carbon-dioxide fire extinguishers.
UL 162, Standard for Safety for Foam Equipment and Liquid
Concentrates, Seventh Edition, dated March 30, 1994, as amended through
October 10, 2014. This standard sets forth requirements and tests for
the approval of fire fighting foam equipment and liquid concentrates.
UL 299, Standard for Safety for Dry Chemical Fire
Extinguishers, Eleventh Edition, dated April 13, 2012. This standard
covers the construction, performance and testing, exclusive of
performance during fire tests, of portable dry chemical fire
extinguishers.
UL 464, Standard for Safety for Audible Signaling
Appliances, Ninth Edition, dated April 14, 2009, as amended through
April 16, 2012. This standard covers the construction, performance and
testing of electrically and electronically operated bells, buzzers,
horns, and similar audible signal appliances for fire protective
signaling systems.
UL 626, Standard for Safety for Water Fire Extinguishers,
Eighth Edition, dated February 28, 2005, as amended through November 8,
2010. This standard covers the construction, performance and testing,
exclusive of performance during fire tests, of portable water fire
extinguishers.
UL 711, Standard for Safety for Rating and Fire Testing of
Fire Extinguishers, Seventh Edition, dated December 17, 2004, as
amended through April 28, 2009. This standard covers rating, and
performance during fire tests, of fire extinguishers intended for use
on various classes of fires.
UL 1480, Standard for Safety for Speakers for Fire Alarm,
Emergency, and Commercial and Professional Use, Fifth Edition, dated
January 31, 2003, as amended through June 23, 2010. This standard
covers the construction and performance of speakers for use in, among
other things, fire alarm systems.
UL 1971, Standard for Safety for Signaling Devices for the
Hearing Impaired, Third Edition, approved November 29, 2002, as amended
through October 15, 2008. This standard covers the construction and
performance of emergency signaling devices for the hearing impaired.
UL 2129, Standard for Safety for Halocarbon Clean Agent
Fire Extinguishers, Second Edition, dated February 28, 2005, as amended
through March 30, 2012. This standard covers the construction,
performance and testing, exclusive of performance during fire tests, of
portable halocarbon agent fire extinguishers.
This final rule also incorporates by reference the following
updated voluntary consensus standards:
NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009. This standard applies to the
selection, installation, inspection, maintenance, recharging, and
testing of portable fire extinguishers.
NFPA 13, Standard for the Installation of Sprinkler
Systems, 2010 Edition, effective August 26, 2009. This standard
provides requirements for the design and installation of automatic fire
sprinkler systems.

[[Page 48240]]

NFPA 70, National Electronic Code, 2011 Edition. This
standard addresses the installation of electrical conductors,
equipment, and raceways; signaling and communications conductors,
equipment, and raceways; and optical fiber cables and raceways in
commercial, residential, and industrial occupancies.
NFPA 72, National Fire Alarm and Signaling Code, 2010
Edition, effective August 26, 2009. This standard covers the
application, installation, location, performance, inspection, testing,
and maintenance of fire alarm systems and their components.
UL 19, Standard for Safety for Lined Fire Hose and Hose
Assemblies, Twelfth Edition, approved November 30, 2001. This standard
covers the construction, performance, and testing of firehoses.
UL 38, Standard for Safety for Manual Signaling Boxes for
Fire Alarm Systems, Eighth Edition, dated July 3, 2008, as amended
through December 11, 2008. This standard covers the construction,
performance, and testing of manual signaling boxes used in fire alarm
systems.
UL 268, Standard for Safety for Smoke Detectors for Fire
Alarm Systems, Sixth Edition, dated August 14, 2009. This standard
covers the construction, performance, and testing of smoke detectors
used in fire alarm and suppression systems.
UL 521, Standard for Safety for Heat Detectors for Fire
Protective Signaling Systems, Seventh Edition, dated February 19, 1999,
as amended through October 3, 2002. This standard covers the
construction, performance, and testing of heat detectors used in fire
alarm and suppression systems.
UL 864, Standard for Safety for Control Units and
Accessories for Fire Alarm Systems, Ninth Edition, dated September 30,
2003, as amended through January 12, 2011. This standard covers the
construction, performance, and testing of control units used in fire
alarm systems.
Consistent with 1 CFR part 51 incorporation by reference
provisions, this material is reasonably available. Interested persons
have access to it through their normal course of business, may purchase
it from organizations identified in 33 CFR 140.7 and 149.3, and 46 CFR
25.01-3, 31.01-2, 32.01-1, 34.01-15, 56.01-2, 71.25-3, 76.01-2, 91.25-
7, 92.01-2, 95.01-2, 108.101, 114.600, 125.180, 147.7, 159.001-4,
161.002-1, 162.027-2, 162.028-1, 162.039-1, 162.163-2, 164.105-2,
164.106-2, 164.107-2, 164.108-2, 164.109-2, 164.110-2, 164.111-2,
164.112-2, 164.117-2, 164.136-2, 164.137-2, 164.138-2, 164.139-2,
164.141-2, 164.142-2, 164.144-2, 164.146-2, 164.201-2, 164.207-2,
169.115, 175.600, 188.01-5, and 193.01-3, or may view a copy by the
means we have identified in those sections.

M. Coast Guard Authorization Act

Section 608 of the Coast Guard Authorization Act of 2010 (Pub. L.
111-281) adds new section 2118 to 46 U.S.C. Subtitle II (Vessels and
Seamen), Chapter 21 (General). New section 2118(a) sets forth
requirements for standards established for approved equipment required
on vessels subject to 46 U.S.C. Subtitle II (Vessels and Seamen), Part
B (Inspection and Regulation of Vessels). Those standards must be ``(1)
based on performance using the best available technology that is
economically achievable; and (2) operationally practical.'' See 46
U.S.C. 2118(a). This rule revises the standards for fire prevention,
protection, detection, extinguishing equipment, and materials
regulations on vessels subject to 46 U.S.C. Subtitle II, Part B, and
the Coast Guard has ensured this rule satisfies the requirements of 46
U.S.C. 2118(a), by employing the most recent industry consensus
standards, as necessary and appropriate.

N. Environment

We have analyzed this final rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD (National Environmental Policy Act Implementing Procedures
and Policy For Considering Environmental Impacts Manual), which guide
the Coast Guard in complying with the National Environmental Policy Act
of 1969, 42 U.S.C. 4321-4370f, and have concluded that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
design and approval standards for fire protection, detection,
extinguishing equipment, and materials and falls under section 2.B.2,
figure 2-1, paragraphs (34)(a), (d), and (e) of the Instruction, and
under Section 6(a) of the ``Appendix to National Environmental Policy
Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final
Agency Policy'' as published in the Federal Register, 67 FR 48243, July
23, 2002. These paragraphs exempt regulations which are editorial or
procedural, concern the inspection and equipping of vessels, involve
equipment approval and carriage requirements, and vessel operation
safety standards. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects

33 CFR Part 140

Continental shelf, Incorporation by reference, Investigations,
Marine safety, Occupational safety and health, Penalties, Reporting and
recordkeeping requirements.

33 CFR Part 145

Continental shelf, Fire prevention, Incorporation by reference,
Marine safety, Occupational safety and health.

33 CFR Part 148

Administrative practice and procedure, Environmental protection,
Harbors, Petroleum.

33 CFR Part 149

Fire prevention, Harbors, Incorporation by reference, Marine
safety, Navigation (water), Occupational safety and health, Oil
pollution.

46 CFR Part 25

Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements.

46 CFR Part 27

Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Vessels.

46 CFR Part 28

Alaska, Fire prevention, Fishing vessels, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 30

Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.

46 CFR Part 31

Cargo vessels, Incorporation by reference, Marine safety, Reporting
and recordkeeping requirements.

46 CFR Part 32

Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety, Navigation (water), Occupational safety and health, Reporting
and recordkeeping requirements, Seamen.

46 CFR Part 34

Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.

46 CFR Part 50

Reporting and recordkeeping requirements, Vessels.

[[Page 48241]]

46 CFR Part 56

Reporting and recordkeeping requirements, Incorporation by
reference, Vessels.

46 CFR Part 70

Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Part 71

Marine safety, Incorporation by reference, Passenger vessels,
Reporting and recordkeeping requirements.

46 CFR Part 72

Fire prevention, Incorporation by reference, Marine safety,
Occupational safety and health, Passenger vessels, Seamen.

46 CFR Part 76

Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels.

46 CFR Part 78

Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.

46 CFR Part 90

Cargo vessels, Marine safety.

46 CFR Part 91

Cargo vessels, Incorporation by reference, Marine safety, Reporting
and recordkeeping requirements.

46 CFR Part 92

Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety, Occupational safety and health, Seamen.

46 CFR Part 95

Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.

46 CFR Part 107

Incorporation by reference, Marine safety, Oil and gas exploration,
Reporting and recordkeeping requirements, Vessels.

46 CFR Part 108

Fire prevention, Incorporation by reference, Marine safety,
Occupational safety and health, Oil and gas exploration, Vessels.

46 CFR Part 113

Communications equipment, Fire prevention, Vessels.

46 CFR Part 114

Marine safety, Incorporation by reference, Passenger vessels,
Reporting and recordkeeping requirements.

46 CFR Part 115

Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 116

Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels, Seamen.

46 CFR Part 118

Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels.

46 CFR Part 122

Marine safety, Passenger vessels, Penalties, Reporting and
recordkeeping requirements.

46 CFR Part 125

Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Incorporation by reference, Marine safety,
Seamen.

46 CFR Part 132

Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety, Reporting and recordkeeping requirements.

46 CFR Part 147

Hazardous materials transportation, Incorporation by reference,
Labeling, Marine safety, Packaging and containers, Reporting and
recordkeeping requirements.

46 CFR Part 159

Business and industry, Incorporation by reference, Laboratories,
Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 160

Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 161

Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements.

46 CFR Part 162

Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.

46 CFR Part 164

Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements.

46 CFR Part 167

Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.

46 CFR Part 169

Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Schools, Vessels.

46 CFR Part 175

Marine safety, Incorporation by reference, Passenger vessels,
Reporting and recordkeeping requirements.

46 CFR Part 176

Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 177

Marine safety, Incorporation by reference, Passenger vessels,
Reporting and recordkeeping requirements.

46 CFR Part 181

Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels.

46 CFR Part 182

Marine safety, Passenger vessels.

46 CFR Part 185

Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Part 188

Marine safety, Incorporation by reference, Oceanographic research
vessels.

46 CFR Part 189

Marine safety, Incorporation by reference, Oceanographic research
vessels, Reporting and recordkeeping requirements.

46 CFR Part 190

Fire prevention, Marine safety, Occupational safety and health,
Oceanographic research vessels.

46 CFR Part 193

Fire prevention, Incorporation by reference, Marine safety,
Oceanographic research vessels.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 140, 145, 148, and 149, and 46 CFR parts 25, 27, 28, 30,
31, 32, 34, 50, 56, 70, 71, 72, 76, 78, 90, 91, 92, 95, 107, 108, 113,
114, 115, 116, 118, 122, 125, 132, 147, 159, 160, 161, 162, 164, 167,
169, 175, 176, 177, 181, 182, 185, 188, 189, 190, and 193 as follows:

[[Page 48242]]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

PART 140--GENERAL

0
1. The authority citation for part 140 continues to read as follows:

Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec. 140.3 by adding, at the end of the section, a sentence
to read as follows:

Sec. 140.3 Applicability.

* * * The regulations in this subchapter (parts 140 through 147)
have preemptive effect over state or local regulations in the same
field.

0
3. Revise Sec. 140.7 to read as follows:

Sec. 140.7 Incorporation by reference.

(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is
available for inspection at the U.S. Coast Guard, Office of Design and
Engineering Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue
SE., Stop 7509, Washington, DC 20593-7509, and is available from the
sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American National Standards Institute (ANSI), 25 West 43rd
Street, New York, NY 10036, 212-642-4900, https://www.ansi.org.
(1) ANSI A10.14-1975, Requirements for Safety Belts, Harnesses,
Lanyards, Lifelines, and Drop Lines for Construction and Industrial
Use, IBR approved for Sec. 142.42(b).
(2) ANSI/UL 1123-1987, Standard for Marine Buoyant Devices, IBR
approved for Sec. 143.405(a).
(3) ANSI Z41-1983, American National Standard for Personal
Protection-Protective Footwear, IBR approved for Sec. 142.33(a) and
(b).
(4) ANSI Z87.1-1979, Practice for Occupational and Educational Eye
and Face Protection, IBR approved for Sec. 142.27(a) and (c).
(5) ANSI Z88.2-1980, Practices for Respiratory Protection, IBR
approved for Sec. 142.39(a) through (c).
(6) ANSI Z89.1-1981, Safety Requirements for Industrial Head
Protection, IBR approved for Sec. 142.30(a) and (b).
(c) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) IMO Assembly Resolution A.414 (XI), Code for Construction and
Equipment of Mobile Offshore Drilling Units, IBR approved for
Sec. Sec. 143.207(c) and 146.205(c).
(2) [Reserved]
(d) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 145.01(b).
(2) [Reserved]

PART 145--FIRE FIGHTING EQUIPMENT

0
4. The authority citation for part 145 continues to read as follows:

Authority: Sec. 633, 63 Stat. 545; sec. 4, 67 Stat. 462; 14
U.S.C. 633; 43 U.S.C. 1333.

0
5. Revise Sec. 145.01 to read as follows:

Sec. 145.01 Portable and semi-portable fire extinguishers.

(a) On all manned platforms and on all unmanned platforms where
crews are continuously working on a 24-hour basis, Coast Guard-approved
portable fire extinguishers and/or Coast Guard-approved semi-portable
fire extinguishers must be installed and maintained. On all unmanned
platforms where crews are not continuously working on a 24-hour basis,
Coast Guard-approved portable fire extinguishers and/or Coast Guard-
approved semi-portable fire extinguishers are required to be installed
and maintained only when crews are working on them.
(b) Portable and semi-portable fire extinguishers must be inspected
and maintained in accordance with NFPA 10 (incorporated by reference,
see Sec. 140.7 of this chapter) as amended here:
(1) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(2) Monthly inspections required by NFPA 10 may be conducted by the
owner, operator, person-in-charge, or a designated member of the crew.
(3) Non-rechargeable or non-refillable fire extinguishers must be
inspected and maintained in accordance with NFPA 10. However, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(4) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records has not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.

Sec. 145.05 [Removed and Reserved]

0
6. Remove and reserve Sec. 145.05.

0
7. Amend Sec. 145.10 as follows:
0
a. Revise the section heading;
0
b. In paragraphs (a) and (b), remove the word ``shall'' and add, in its
place, the word ``must'';
0
c. Add paragraphs (c) and (d); and
0
d. Revise table 145.10(a).
The revisions and additions read as follows:

Sec. 145.10 Location, number, and installation of fire extinguishers.

* * * * *
(c) Semi-portable extinguishers must be fitted with a suitable hose
and nozzle, or other practicable means, so all of the space can be
protected.
(d) Table 145.10(a) of this section indicates the minimum number
and size of fire extinguishers required for each space listed.
Extinguishers with larger numerical ratings or multiple letter
designations may be used if the extinguishers meet the requirements of
the table.

Table 145.10(a)--Portable and Semi-Portable Extinguishers
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Safety Areas:

[[Page 48243]]

Communicating corridors. 2-A................. 1 in each main
corridor not more
than 150 ft apart.
(May be located in
stairways.)
Radio room.............. 20-B:C.............. 1 in the vicinity of
the exit.
Accommodations:
Sleeping accommodations. 2-A................. 1 in each sleeping
accommodation space
outfitted for 4 or
more persons.
Service Spaces:
Galleys................. 40-B:C.............. 1 for each 2,500 sq
ft of floor space
or fraction
thereof.
Storerooms.............. 2-A................. 1 for each 2,500 sq
ft of floor space
or fraction
thereof. The
extinguisher must
be located in the
vicinity of the
exits, either
inside or outside
of spaces.
Machinery Spaces:
Gas-fired boilers....... 40-B................ 2 required.
160-B............... 1 required.\1\
Oil-fired boilers....... 40-B................ 2 required.
160-B............... 2 required.\1\
Internal combustion or 40-B................ 1 for each
gas turbine engines. engine.\2\
Electric motors or 40-B:C.............. 1 for each 2 motors
generators of open type. or generators.\3\
------------------------------------------------------------------------
\1\ Not required where a fixed extinguishing system is installed.
\2\ When the installation is on the weather deck or open to the
atmosphere at all times, then one 40-B extinguisher for every three
engines is allowable.
\3\ Small electrical appliances, such as fans, are exempt.

0
8. Add Sec. 145.15 to read as follows:

Sec. 145.15 Location and number of fire extinguishers required for
vessels contracted for prior to August 22, 2016.

(a) Vessels contracted for prior to August 22, 2016 must meet the
following requirements:
(1) Previously installed extinguishers with extinguishing
capacities smaller than what is required in table 145.10(a) of this
part need not be replaced and may be continued in service so long as
they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(2) All new equipment and installations must meet the applicable
requirements in this part for new vessels.
(b) [Reserved]

PART 148--DEEPWATER PORTS: GENERAL

0
9. The authority citation for part 148 continues to read as follows:

Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).

0
10. Amend Sec. 148.1 by adding, at the end of the section, a sentence
to read as follows:

Sec. 148.1 What is the purpose of this subchapter?

* * * The regulations in this subchapter (parts 148 through 150)
have preemptive effect over state or local regulations in the same
field.''

PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

0
11. The authority citation for part 149 is revised to read as follows:

Authority: 33 U.S.C. 1504, 1509; Department of Homeland
Security Delegation No. 0170.1 (75).

0
12. Add Sec. 149.3 to read as follows:

Sec. 149.3 Incorporation by reference.

(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, the Coast Guard must
publish a notice of change in the Federal Register and the material
must be available to the public. All approved material is available for
inspection at the U.S. Coast Guard, Office of Design and Engineering
Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop
7509, Washington, DC 20593-7509, and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 149.408(a)
through (d).
(2) [Reserved]

0
13. Amend Sec. 149.403 as follows:
0
a. Revise the section heading; and
0
b. In paragraph (a), remove the word ``supplemental'' and add, in its
place, the word ``excess''.
The revised section heading reads as follows:

Sec. 149.403 How can I request to use alternate or excess fire
fighting and fire prevention equipment or procedures?

* * * * *

0
14. Revise Sec. 149.404 to read as follows:

Sec. 149.404 Can I use fire fighting equipment that is not Coast
Guard approved?

(a) A deepwater port may use fire fighting equipment that is not
Coast Guard approved as excess equipment, pursuant to Sec. 149.403 of
this subpart, if the equipment does not endanger the port or the
persons aboard it in any way. This equipment must be listed and labeled
by a nationally recognized testing laboratory (NRTL), as set forth in
29 CFR 1910.7, and it must be maintained in good working condition.
(b) Use of non-Coast Guard-approved fire detection systems may be
acceptable as excess equipment provided that--
(1) Components are listed by an NRTL as defined in 46 CFR 161.002-
2, and are designed, installed, tested, and maintained in accordance
with an appropriate industry standard and the manufacturer's specific
guidance;

[[Page 48244]]

(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), with specific regard to the
hazardous location installation regulations in 46 CFR 111.105;
(3) Coast Guard plan review is completed for wiring plans; and
(4) The system and units remain functional as intended. To ensure
this, marine inspectors may test and inspect the system.

Sec. 149.405 [Removed]

0
15. Remove Sec. 149.405.

0
16. Revise Sec. 149.408 to read as follows:

Sec. 149.408 What are the maintenance requirements for fire
extinguishers?

(a) Portable and semi-portable extinguishers must be inspected and
maintained in accordance with NFPA 10 (incorporated by reference, see
Sec. 149.3).
(b) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(c) Monthly inspections required by NFPA 10 may be conducted by the
owner, operator, person-in-charge, or a designated member of the crew.
(d) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(e) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records has not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.

0
17. Revise Sec. 149.409 to read as follows:

Sec. 149.409 How many fire extinguishers are needed and how should
they be installed?

(a) Approved portable and semi-portable extinguishers must be
installed in accordance with table 149.409 of this section.
(b) Semi-portable extinguishers must be located in the open so as
to be readily seen.
(c) Semi-portable extinguishers must be fitted so that all portions
of the space concerned may be covered.
(d) Table 149.409 of this section indicates the minimum required
classification for each space listed. Extinguishers with larger
numerical ratings or multiple letter designations may be used if the
extinguishers meet the requirements of the table.

Table 149.409--Portable and Semi-Portable Extinguishers, Minimum
Quantity and Location
------------------------------------------------------------------------
Minimum quantity and
Space Classification location
------------------------------------------------------------------------
(1) Safety Areas
(i) Communicating 2-A................. One in each main
corridors. corridor or
stairway not more
than 150 ft apart.
(ii) Radio room......... 20-B:C.............. One outside or near
each radio room
exit.
(2) Accommodation Spaces
(i) Sleeping quarters... 2-A................. One in each sleeping
space that fits
more than four
persons.
(3) Service Spaces
(i) Galleys............. 40-B:C.............. One for each 2,500
sq ft or fraction
thereof, for
hazards involved.
(ii) Storerooms......... 2-A................. One for each 2,500
sq ft or fraction
thereof, located
near each exit,
either inside or
outside the space.
(iii) Paint room........ 40-B................ One outside each
paint room exit.
(4) Machinery Spaces
(i) Gas-fired boilers... 40-B:C.............. Two.
160-B............... One.\1\
(ii) Oil-fired boilers.. 40-B:C.............. Two.
160-B............... Two.\1\
(iii) Internal 40-B................ One for each
combustion or gas engine.\2\
turbine engines.
(iv) Open electric 40-B:C.............. One for each of two
motors and generators. motors or
generators.\3\
(5) Helicopter Areas
(i) Helicopter landing 160-B............... One at each access
decks. route.
(ii) Helicopter fueling 160-B............... One at each fuel
facility. transfer
facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system is installed.
\2\ If the engine is installed on a weather deck or is open to the
atmosphere at all times, one 40-B extinguisher may be used for every
three engines.
\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed in accordance with
46 CFR 108.489.

(e) Semi-portable extinguishers must be fitted with a suitable hose
and nozzle, or other practicable means, so that all areas of the space
can be protected.

0
18. Revise Sec. 149.410 to read as follows:

Sec. 149.410 Location and number of fire extinguishers required for
vessels constructed prior to August 22, 2016.

Vessels contracted for prior to August 22, 2016 must meet the
following requirements:
(a) Previously installed extinguishers with extinguishing
capacities smaller than what is required in table 149.409 of this
subpart need not be replaced and may be continued in service so long as
they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.

[[Page 48245]]

TITLE 46--SHIPPING

PART 25--REQUIREMENTS

0
19. The authority citation for part 25 continues to read as follows:

Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302;
Department of Homeland Security Delegation No. 0170.1(II)(77),
(92)(a), 92(b).

0
20. Revise Sec. 25.01-3 to read as follows:

Sec. 25.01-3 Incorporation by reference.

0
21. Revise Sec. 25.30-1 to read as follows:

Sec. 25.30-1 Applicability.

(a) The provisions of this subpart, with the exception of
Sec. Sec. 25.30-80 and 25.30-90 of this subpart, as applicable, apply
to all vessels contracted for on or after August 22, 2016.
(b) Vessels contracted for prior to August 22, 2016 and after
November 19, 1952, must meet the requirements of 46 CFR 25.30-80.
(c) Vessels contracted for prior to November 19, 1952, must meet
the requirements of 46 CFR 25.30-90.

0
22. Revise Sec. 25.30-10 to read as follows:

Sec. 25.30-10 Portable fire extinguishers and semi-portable fire
extinguishing systems.

(a) Portable and semi-portable extinguishers must be inspected and
maintained in accordance with NFPA 10 (incorporated by reference, see
Sec. 25.01-3).
(b) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(c) Monthly inspections required by NFPA 10 may be conducted by the
owner, operator, person-in-charge, or a designated member of the crew.
(d) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(e) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records has not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.
(f) Vaporizing-liquid type fire extinguishers containing carbon
tetrachloride, chlorobromomethane, or other toxic vaporizing liquids
are not acceptable as equipment required by this subchapter.
(g) Portable or semi-portable extinguishers, which are required on
their name plates to be protected from freezing, must not be located
where freezing temperatures may be expected.
(h) The use of dry chemical, stored pressure, fire extinguishers
not fitted with pressure gauges or indicating devices, manufactured
prior to January 1, 1965, may be permitted on motorboats and other
vessels so long as such extinguishers are maintained in good and
serviceable condition. The following maintenance and inspections are
required for such extinguishers:
(1) When the date on the inspection record tag on the extinguishers
shows that 6 months have elapsed since the last weight check ashore,
then such extinguishers are no longer accepted as meeting required
maintenance conditions until they are reweighed ashore, found to be in
a serviceable condition, and within required weight conditions.
(2) If the weight of the container is \1/4\ ounce less than that
stamped on the container, it must be serviced.
(3) If the outer seal or seals (which indicate tampering or use
when broken) are not intact, the boarding officer or marine inspector
will inspect such extinguishers to see that the frangible disc in the
neck of the container is intact; and if such disc is not intact, the
container must be serviced.
(4) If there is evidence of damage, use, or leakage, such as dry
chemical powder observed in the nozzle or elsewhere on the
extinguisher, the extinguisher must be serviced or replaced.
(i) Dry chemical extinguishers, stored pressure extinguishers, and
fire extinguishers without pressure gauges or indicating devices
manufactured after January 1, 1965, cannot be labeled with the marine
type label described in 46 CFR 162.028-4. These extinguishers
manufactured after January 1, 1965, may be carried onboard motorboats
or other vessels as excess equipment.
(j) Semi-portable extinguishers must be fitted with a suitable hose
and nozzle, or other practicable means, so that all portions of the
space concerned may be covered.

0
23. Revise Sec. 25.30-15 to read as follows:

[[Page 48246]]

Sec. 25.30-15 Fixed fire extinguishing systems.

(a) When a fixed fire extinguishing system is installed, it must be
a type approved or accepted by the Commandant (CG-ENG-4) or the
Commanding Officer, U.S. Coast Guard Marine Safety Center.
(b) If the system is a carbon-dioxide type, then it must be
designed and installed in accordance with subpart 76.15 of part 76 of
subchapter H (Passenger Vessels) of this chapter.
(c) If the system is an automatic sprinkler system then it must be
designed and installed in accordance with Chapter 25 of NFPA 13
(incorporated by reference, see Sec. 25.01-3).

0
24. Amend Sec. 25.30-20 as follows:
0
a. Remove the word ``hand'' wherever it appears.
0
b. In paragraph (a)(1), remove the word ``shall'' and add, in its
place, the word ``must''; after the words ``need not carry'', remove
the word ``such''; and after the words ``fire extinguishers if the
construction of'', remove the words ``such motorboats'' and add, in
their place, the words ``the boats'';
0
c. In table 25.30-20(a)(1), remove the text ``B-1'' and add, in its
place, the text ``5-B'';
0
d. In footnote 1 of table 25.30-20(a)(1), remove the text ``B-11'' and
add, in its place, the text ``20-B''; and remove the text ``B-I'' and
add, in its place, the text ``5-B'';
0
e. In footnote 3 of figure 25.30-20(a1), remove the word ``Close'' and
add, in its place, the word ``Closed''.
0
f. Add paragraph (a)(3);
0
g. In paragraph (b), remove the word ``hand-portable'' and add, in its
place, the word ``portable''.
0
h. In paragraph (c)(1), remove the word ``shall'' and add, in its
place, the word ``must'';
0
i. In Table 25.30-20(b)(1), remove the text ``B-II'' and add, in its
place, the text ``20-B'';
0
j. In paragraph (c)(2) introductory text, remove the word ``shall'' and
add, in its place, the word ``must''; and remove the words ``fire-
extinguishing'' and add, in their place, the words ``fire
extinguishing'';
0
k. In paragraph (c)(2)(i), remove the text ``Type B-II'' and add, in
its place, the text ``20-B''; and remove the word ``shall'' and add, in
its place, the word ``must'';
0
l. In paragraph (c)(2)(ii), remove the text ``Type B-III semiportable''
and add, in its place, the text ``160-B semi-portable''; remove the
word ``shall'' wherever it appears and add, in its place, the word
``must''; and remove the words ``fire-extinguishing'' wherever they
appear and add, in their place the words ``fire extinguishing'';
0
m. In paragraph (c)(3), remove the text ``Type B-III'' and add, in its
place, the text ``160-B'';
0
n. In paragraph (c)(4), remove the word ``semiportable'' and add, in
its place, the word ``semi-portable''; and after the words ``fire
extinguisher has wheels'', remove the words ``and is not required by
this section'';
0
o. Add paragraph (c)(5); and
0
p. In paragraphs (d)(1) and (2), remove the word ``shall'' and add, in
its place, the word ``must''.
The additions read as follows:

Sec. 25.30-20 Fire extinguishing equipment required.

(a) * * *
(3) Table 25.30-20(a)(1) of this section indicates the minimum
quantity and type of extinguisher to be carried. Extinguishers with
larger numerical ratings or multiple letter designations may be used if
the extinguishers meet the requirements of the table.
* * * * *
(c) * * *
(5) Table 25.30-20(b)(1) of this section indicates the minimum
quantity and type of extinguisher to be carried. Extinguishers with
larger numerical ratings or multiple letter designations may be used if
the extinguishers meet the requirements of the table.
* * * * *

0
25. Add Sec. 25.30-80 to read as follows:

Sec. 25.30-80 Location and number of fire extinguishers required for
vessels constructed prior to August 22, 2016.

Vessels contracted for prior to August 22, 2016 must meet the
following requirements:
(a) Previously installed extinguishers with extinguishing
capacities smaller than what is required in tables 25.30-20(a)(1) and
25.30-20(b)(1) of this subpart need not be replaced and may be
continued in service so long as they are maintained in good condition
to the satisfaction of the Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.

PART 27--TOWING VESSELS

0
26. The authority citation for part 27 continues to read as follows:

Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324,
110 Stat. 3901); Department of Homeland Security Delegation No.
0170.1.

0
27. Add Sec. 27.103 to subpart A to read as follows:

Sec. 27.103 Preemption.

The regulations in this part have preemptive effect over State or
local regulations in the same field.

0
28. Amend Sec. 27.203 as follows:
0
a. Redesignate the introductory text and paragraphs (a),(b),and (c) as
(a) introductory text and (a)(1) through (3), respectively;
0
b. Remove the word ``fire-detection'' wherever it appears and add, in
its place, the words ``fire detection'';
0
c. In newly redesignated paragraph (a)(1), after the words ``each
detector must be listed by'', remove the words ``an independent testing
laboratory'' and add, in their place, the words ``a nationally
recognized testing laboratory (NRTL), as defined in 46 CFR 161.002-2,
for fire service'';
0
d. Redesignate paragraph (d) introductory text as paragraph (a)(4) and
redesignate paragraphs (d)(1) through (5) as (a)(4)(i) through (v),
respectively;
0
e. Redesignate paragraphs (e) through (g) as paragraphs (a)(5) through
(7), respectively;
0
f. In newly designated paragraph (a)(7), remove the words ``Registered
Professional Engineer'' and add, in their place, the words ``registered
professional engineer''; and remove the words ``paragraphs (a) through
(f)'' and add, in their place, the words ``paragraphs (a) introductory
text and (a)(1) through (a)(6)''; and
0
g. Add new paragraph (b) to read as follows:

Sec. 27.203 What are the requirements for fire detection on towing
vessels?

* * * * *
(b) In spaces other than the engine room, non-approved fire
detection systems may be acceptable as excess equipment provided that--
(1) Components are listed by a nationally recognized testing
laboratory (NRTL) as set forth in 29 CFR 1910.7, and is designed,
installed, tested, and maintained in accordance with an appropriate
industry standard and the manufacturer's specific guidance; and
(2) The system and units remain functional as intended.

Sec. 27.303 [Amended]

0
29. In Sec. 27.303(b)(1), remove the text ``B-V semi-portable fire-
extinguishing system'' and add, in its place, the text ``160-B or 100
lb. CO2 extinguisher, regardless of rating,''.

Sec. 27.305 [Amended]

0
30. In Sec. 27.305(a)(2), remove the text ``B-V semi-portable fire-
extinguishing system'' and add, in its place, the text ``160-B or 100
lb. CO2 extinguisher, regardless of rating,''.

[[Page 48247]]

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
31. The authority citation for part 28 continues to read as follows:

Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603;
Department of Homeland Security Delegation No. 0170.1.

0
32. Revise Sec. 28.155 to read as follows:

Sec. 28.155 Excess fire detection and protection equipment.

(a) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that--
(1) Components are listed and labeled by an independent, nationally
recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and
are designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
and
(2) The system and units remain functional as intended.
(b) The regulations in this section have preemptive effect over
State or local regulation within the same field.

0
33. Amend Sec. 28.160 as follows:
0
a. Add paragraphs (c), (d), and (e); and
0
b. Revise table 28.160 to read as follows:

Sec. 28.160 Portable fire extinguishers.

* * * * *
(c) Semi-portable extinguishers must be located in the open so as
to be readily seen.
(d) Table 28.160 of this section indicates the minimum required
classification for each space listed. Extinguishers with larger
numerical ratings or multiple letter designations may be used if the
extinguishers meet the requirements of the table.
(e) The regulations in this section have preemptive effect over
State or local regulation within the same field.

Table 28.160--Portable Fire Extinguishers for Vessels 65 Feet (19.8
Meters) or More in Length
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Safety areas, communicating 2-A................. 1 in each main
corridors. corridor not more
than 150 ft (45.7m)
apart. (May be
located in
stairways.)
Pilothouse.................. 20-B:C.............. 2 in the vicinity of
the exit.
Service spaces, galleys..... 40-B:C.............. 1 for each 2,500 sq
ft (232.2 sq m) or
fraction thereof
suitable for
hazards involved.
Paint lockers............... 40-B................ 1 outside space in
the vicinity of the
exit.
Accessible baggage and 2-A................. 1 for each 2,500 sq
storerooms. ft (232.2 sq m) or
fraction thereof
located in the
vicinity of the
exits, either
inside or outside
the spaces.
Workshops and similar spaces 2-A................. 1 outside the space
in the vicinity of
the exit.
Machinery spaces; Internal 40-B:C.............. 1 for each 1,000
combustion propelling brake horsepower or
machinery. fraction thereof
but not fewer than
2 or more than 6.
Electric propulsion motors 40-B:C.............. 1 for each
or generator unit of open propulsion motor
type. generator unit.
Auxiliary spaces............ 40-B:C.............. 1 outside the space
in the vicinity of
the exit.
Internal combustion 40-B:C.............. 1 outside the space
machinery. in the vicinity of
the exit.
Electric emergency motors or 40-B:C.............. 1 outside the space
generators. in the vicinity of
the exit.
------------------------------------------------------------------------

0
34. Amend Sec. 28.325 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a), remove the words ``, subpart 76.33''; and
0
c. Add paragraph (c).
The revision and addition read as follows:

Sec. 28.325 Fire detection and alarm systems.

* * * * *
(c) The regulations in this section have preemptive effect over
State or local regulation within the same field.

0
35. Amend Sec. 28.830 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a), after the words ``or a smoke actuated'', remove
the words ``fire detecting'' and add, in their place, the words ``fire
detection''; and after the words ``in accordance with'', remove the
text ``Sec. 76.33 of this chapter'' and add, in its place, the text
``46 CFR part 76''; and
0
c. Add paragraph (c).
The revision and addition read as follows:

Sec. 28.830 Fire detection and alarm systems.

* * * * *
(c) The regulations in this section have preemptive effect over
State or local regulation within the same field.

PART 30--GENERAL PROVISIONS

0
36. The authority citation for part 30 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; Department of Homeland
Security Delegation No. 0170.1(II)(92)(a), (92)(b).

0
37. Amend Sec. 30.01-1 to remove the designation ``(a)'' and to add,
at the end of the section, a sentence to read as follows:

Sec. 30.01-1 Purpose of regulations.

* * * The regulations in this subchapter (parts 30, 31, 32, 34, 35,
36, 38 and 39) have preemptive effect over state or local regulations
in the same fields.

PART 31--INSPECTION AND CERTIFICATION

0
38. The authority citation for part 31 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section 31.10-21 also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.

0
39. Add Sec. 31.01-2 to read as follows:

Sec. 31.01-2 Incorporation by reference.

[[Page 48248]]

register/code_of_federal_regulations/ibr_locations.html.
(b) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 31.10-
18(a).
(2) [Reserved]

0
40. Revise Sec. 31.10-18 to read as follows:

Sec. 31.10-18 Fire fighting equipment: General--TB/ALL.

(a) The owner, master, or person-in-charge of a tank vessel must
ensure that portable and semi-portable extinguishers are inspected and
maintained in accordance with NFPA 10 (incorporated by reference, see
Sec. 31.01-2) as specified in paragraphs (a)(1) through (4) of this
section.
(1) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(2) Monthly inspections required by NFPA 10 may be conducted by the
owner, operator, person-in-charge, or a designated member of the crew.
(3) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(4) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records has not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.
(b) The owner, master, or person-in-charge of a tank vessel must
ensure that the following tests and inspections of fixed fire
extinguishing equipment are made:

Table 31.10-18(b)--Testing of Fixed Fire Extinguishing Systems
------------------------------------------------------------------------
Type system Test
------------------------------------------------------------------------
Foam...................................... Systems utilizing a soda
solution must have the
solution replaced. In all
cases, ascertain that the
powder is not caked
Carbon dioxide............................ Weigh cylinders. Recharge if
weight loss exceeds 10
percent of weight of
charge.\1\
------------------------------------------------------------------------
\1\ Cylinders must be tested and marked, and all flexible connections on
fixed carbon dioxide and Halon extinguishers must be tested or
renewed, as required by Sec. Sec. 147.60 and 147.65 of this
chapter.

(c) Deck foam systems must be tested at the inspection for
certification and the periodic inspection by discharging foam for
approximately 15 seconds from any nozzle designated by the marine
inspector. It is not required to deliver foam from all foam outlets,
but all lines and nozzles must be tested with water to prove they are
clear of obstruction. Before the inspection for certification and
periodic inspection of deck foam systems utilizing a mechanical foam
system, a representative sample of the foam concentrate must be
submitted to the manufacturer who will issue a certificate indicating
gravity, pH, percentage of water dilution, and solid content.
(d) At each inspection for certification, periodic inspection, and
at such other times as considered necessary, the inspector must
determine that all fire extinguishing equipment is in suitable
condition and that the tests and inspections required by paragraphs (b)
through (g) of this section have been conducted. In addition, the
marine inspector may require additional tests to determine the
condition of the equipment.
(e) On all fire extinguishing systems, the piping, controls,
valves, and alarms must be checked by the marine inspector to determine
that the system is in good operating condition.
(f) The fire main system must be operated and the pressure checked
at the most remote and highest outlets by the marine inspector. All
firehoses must be exposed to a test pressure equivalent to the maximum
pressure to which they may be subjected, but not less than 100 psi. The
marine inspector must check that the hose couplings are securely
fastened in accordance with the regulations of this subchapter.
(g) Steam smothering lines must be tested with at least 50 psi of
air pressure or by blowing steam through the lines at the working
pressure. A survey must be conducted for detecting corrosion and
defects.

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

0
41. The authority citation for part 32 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1; Subpart 32.59 also issued under the authority
of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

0
42. Add paragraph (d) to Sec. 32.01-1 to read as follows:

Sec. 32.01-1 Incorporation by reference.

* * * * *
(d) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) International Convention for the Safety of Life at Sea (SOLAS),
as amended, Consolidated Edition, 2009, including Erratum, IBR approved
for Sec. 32.56-1(b).
(2) [Reserved]
0
43. Revise Sec. 32.56-1(b) to read as follows:

Sec. 32.56-1 Application.

* * * * *
(b) Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec. 32.01-1), may be considered equivalent to the
provisions of this subpart.

PART 34--FIRE FIGHTING EQUIPMENT

0
44. The authority citation for part 34 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation
No. 0170.1.

0
45. Revise the heading to part 34 to read as set forth above.
0
46. Amend Sec. 34.01-5 as follows:
0
a. In paragraph (a), remove the word ``shall'' and add, in its place,
the word ``must''; and

[[Page 48249]]

0
b. Add paragraph (b) to read as follows:

Sec. 34.01-5 Equipment installed but not required--TB/ALL.

* * * * *
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that:
(1) Components are listed and labeled by an independent, nationally
recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and
are designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.
0
46. Revise Sec. 34.01-15(c)(1) to read as follows:

Sec. 34.01-15 Incorporation by reference.

* * * * *
(c) * * *
(1) NFPA 13, Standard for the Installation of Sprinkler Systems,
2010 Edition, effective August 26, 2009, IBR approved for Sec. 34.30-
1.
* * * * *

0
47. Revise Sec. 34.30-1 to read as follows:

Sec. 34.30-1 Application--TB/ALL.

Automatic sprinkler systems must comply with Chapter 25 of NFPA 13
(incorporated by reference, see Sec. 34.01-15).

0
48. Revise Sec. 34.50-1 to read as follows:

Sec. 34.50-1 Application--TB/ALL.

(a) The provisions of this subpart, with the exception of
Sec. Sec. 34.50-80 and 34.50-90, must apply to all vessels contracted
for on or after August 22, 2016.
(b) Vessels contracted for prior to August 22, 2016 but on or after
January 1, 1962, must meet the requirements of Sec. 34.50-80.
(c) All vessels contracted for prior to January 1, 1962, must meet
the requirements of Sec. 34.50-90.

Sec. 34.50-5 [Removed]

0
49. Remove Sec. 34.50-5.

0
50. Revise Sec. 34.50-10 to read as follows:

Sec. 34.50-10 Location, number, and installation of fire
extinguishers--TB/ALL.

(a) Approved portable and semi-portable extinguishers must be
installed in accordance with table 34.50-10(a) of this section. The
location of the equipment must be, in the opinion of the Officer in
Charge, Marine Inspection, convenient in case of emergency. Where
special circumstances exist, not covered by table 34.50-10(a) of this
section, the Officer in Charge, Marine Inspection, may require
additional equipment as deemed necessary for the proper protection of
the vessel.
(b) For additional portable extinguishers as a substitute for sand,
see Sec. 34.55-10.
(c) Semi-portable extinguishers must be located in the open so as
to be readily seen.
(d) If portable extinguishers are not located in the open or behind
glass so that they may be readily seen they may be placed in enclosures
together with the firehose, provided such enclosures are marked as
required by Sec. 35.40-25 of this subchapter.
(e) Portable extinguishers and their stations must be numbered in
accordance with Sec. 35.40-25 of this subchapter.
(f) Portable or semi-portable extinguishers which are required by
their nameplates to be protected from freezing must not be located
where freezing temperatures may be expected.
(g) Semi-portable extinguishers must be fitted with a suitable hose
and nozzle, or other practicable means, so that all portions of the
space concerned can be protected.
(h) Table 34.50-10(a) of this section indicates the minimum
required number and type for each space listed. Extinguishers with
larger numerical ratings or multiple letter designations may be used if
the extinguishers meet the requirements of the table.

Table 34.50-10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
Tank ships Tank barges
--------------------------------------------------- -------------------------------------
Minimum required Area Minimum required Quantity and
Quantity and location rating rating location
----------------------------------------------------------------------------------------------------------------
Safety Areas
----------------------------------------------------------------------------------------------------------------
1 required..................... 20-B:C........... Wheelhouse and ................. None required.
chartroom area.
1 required in the vicinity of 20-B:C \1\....... Radio room............ ................. None required.
the exit.
----------------------------------------------------------------------------------------------------------------
Accommodation Areas
----------------------------------------------------------------------------------------------------------------
1 required in each main 2-A.............. Staterooms, toilet 2-A.............. 1 required in the
passageway on each deck, spaces, public vicinity of the
conveniently located, and so spaces, offices, exit.
that no room is more than 75 etc., and associated
ft from an extinguisher. lockers, storerooms,
and pantries.
----------------------------------------------------------------------------------------------------------------
Service Areas
----------------------------------------------------------------------------------------------------------------
1 required for each 2,500 sq ft 40-B:C........... Galleys............... 40-B:C........... 1 required,
or fraction thereof. suitable for the
hazard involved.
1 required for each 2,500 sq ft 40-A:B........... Stores areas, ................. None required.
or fraction thereof. including paint and
lamp rooms.
----------------------------------------------------------------------------------------------------------------

[[Page 48250]]

Machinery Area \2\
----------------------------------------------------------------------------------------------------------------
2 required \3\................. 40-B............. Spaces containing oil 40-B............. 1 required.\12\
fired boilers, either
main or auxiliary, or
any fuel oil units
subject to the
discharge pressure of
the fuel oil service
pump.
and
1 required..................... 160-B \4\
1 required for each 1,000 brake 40-B............. Spaces containing ................. None required.
horsepower; not less than 2, internal combustion
not more than 6 \5\. or gas turbine
propulsion machinery.
and
1 required \6\ \7\............. 120-B............
1 required in the vicinity of 40-B............. Auxiliary spaces 40-B............. 1 required in the
the exit \7\. containing internal vicinity of the
combustion or gas exit.\7\ \9\
turbine units. \12\
1 required in the vicinity of 40-B:C........... Auxiliary spaces ................. None required.
the exit \8\. containing emergency
generators.
----------------------------------------------------------------------------------------------------------------
Cargo Areas
----------------------------------------------------------------------------------------------------------------
1 required in the lower 40-B............. Pumprooms............. 40-B............. 1 required in the
pumproom. vicinity of the
exit.\9\ \12\
None required.................. ................. Cargo tank area....... 40-B............. 2 required.\10\
\12\ \13\
160-B............ 1 required.\9\
\11\
----------------------------------------------------------------------------------------------------------------
Spare Units
----------------------------------------------------------------------------------------------------------------
10 percent of required units 2-A.............. ...................... 2-A.............. 10 percent of
rounded up. required units
rounded up.
10 percent of required units 40-B:C........... ...................... 40-B:C........... 10 percent of
rounded up. required units
rounded up.
----------------------------------------------------------------------------------------------------------------
\1\ Vessels not on an international voyage may substitute two 5-B:C rated extinguishers.
\2\ A 40-B:C must be immediately available to the service generator and main switchboard areas, and further, a
40-B:C must be conveniently located not more than 50 feet (15.25 meters) walking distance from any point in
all main machinery operating spaces. These extinguishers need not be in addition to other required
extinguishers.
\3\ Vessels of fewer than 1,000 GT require 1.
\4\ Vessels of fewer than 1,000 GT may substitute 1 120-B:C.
\5\ Only 1 required for vessels under 65 ft in length.
\6\ If an oil-burning donkey boiler is fitted in the space, the 160-B:C previously required for the protection
of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed.
\7\ Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110[emsp14][deg]F.
\8\ Not required on vessels of fewer than 300 GT.
\9\ Not required if fixed system installed.
\10\ If no cargo pump on barge, only one 40-B:C required.
\11\ Manned barges of 100 GT and over only.
\12\ Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or
boilers when the barge is not underway.
\13\ An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery
or boilers does not have to be Coast Guard approved, provided it is approved by a nationally recognized
testing laboratory (NRTL) in accordance with 29 CFR 1910.7.

Sec. 34.50-15 [Removed]

0
51. Remove Sec. 34.50-15.
0
52. Add Sec. 34.50-80 to read as follows:

Sec. 34.50-80 Location and number of fire extinguishers required for
vessels constructed prior to August 22, 2016-TB/ALL.

Vessels contracted for prior to August 22, 2016, must meet the
following requirements:
(a) Previously installed extinguishers with extinguishing
capacities smaller than as required in table 34.50-10(a) need not be
replaced and may be continued in service so long as they are maintained
in good condition to the satisfaction of the Officer in Charge, Marine
Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.

PART 50--GENERAL PROVISIONS

0
53. The authority citation for part 50 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1; Section 50.01-20 also issued under the
authority of 44 U.S.C. 3507.

0
54. Amend Sec. 50.01-15 by adding paragraph (c) to read as follows:

Sec. 50.01-15 Scope of regulations.

* * * * *
(c) The regulations in this subchapter (parts 50, 52, 53, 54, 56,
57, 58, 59, and 61 through 64) have preemptive effect over state or
local regulations in the same field.

PART 56--PIPING SYSTEMS AND APPURTENANCES

0
55. The authority citation for part 56 continues to read as follows:

[[Page 48251]]

Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of
Homeland Security Delegation No. 0170.1.

0
56. In Sec. 56.01-2--
0
a. Revise paragraph (h)(1); and
0
b. Add paragraph (h)(2).
The addition and revision read as follows.

Sec. 56.01-2 Incorporation by reference.

* * * * *
(h) * * *
(1) Resolution A.753(18), Guidelines for the Application of Plastic
Pipes on Ships, adopted on 4 November 1993 (``IMO Resolution
A.753(18)''), IBR approved for 56.60-25(a).
(2) Resolution MSC.313(88), Amendments to the Guidelines for the
Application of Plastic Pipes on Ships, adopted 26 November 2010 (``IMO
Resolution MSC.313(88)''), IBR approved for Sec. 56.60-25(a).
* * * * *

0
57. In Sec. 56.60-25--
0
a. Revise paragraph (a);
0
b. Revise paragraph (b)(5); and
0
c. In paragraphs (c) and (d), remove the word ``shall'' and add, in its
place, the word ``must''.
The revisions read as follows.

Sec. 56.60-25 Nonmetallic materials.

(a) Plastic pipe installations must be in accordance with IMO
Resolution A.753(18) and IMO Resolution MSC.313(88) (both incorporated
by reference, see Sec. 56.01-2) and the following supplemental
requirements.
(1) Plastic pipe and associated fittings must be approved to
approval series 164.141 as follows:
(i) All piping, except pipe used on open decks, in cofferdams, void
spaces, or ducts, must meet the flame spread requirements of Appendix 3
of IMO Resolution A.753(18).
(ii) Where fire endurance is required in Appendix 4 of IMO
Resolution A.753(18) the pipe must, at a minimum, be approved as
meeting the fire endurance level required in Appendix 4. Ratings of
``0'' in Appendix 4 indicate that no fire endurance test is required.
Ratings of ``N/A'' or ``X'' indicate that plastic pipe is not
permitted.
(iii) Piping in accommodation, service and control spaces must be
approved for use in those spaces.
(2) Plastic pipe that has not been approved for use in
accommodation, service and control spaces is permitted in a concealed
space in an accommodation, service or control space, such as behind
ceilings or linings or between double bulkheads if:
(i) The piping is enclosed in a trunk or duct constructed of ``A''
class divisions; or
(ii) An approved smoke detection system is fitted in the concealed
space and each penetration of a bulkhead or deck and each installation
of a draft stop is made in accordance with IMO Resolution A.753(18) and
IMO Resolution MSC.313(88) to maintain the integrity of fire divisions.
(3) Requests for the use of plastic pipe for non-vital systems, as
defined in 46 CFR 56.07-5, containing non-flammable or non-combustible
liquids in locations that do not require fire endurance testing, as
indicated in Appendix 4 of IMO Resolution A.753(18), must be submitted
to the Marine Safety Center for review. The proposed piping must meet
the following requirements:
(i) The length of pipe must be 30 inches or less;
(ii) The pipe must be contained within the space and does not
penetrate any bulkhead, overhead or deck; and
(iii) Material specifications must be provided with the
installation proposal.
(4) Pipe that is to be used for potable water must bear the
appropriate certification mark of a nationally-recognized, ANSI-
accredited third-party certification laboratory. Plastic pipe fitting
and bonding techniques must follow the manufacturer's installation
guidelines. Bonders must hold certifications required by the
manufacturer's guidelines and provide documentation of current
certification to the Marine Inspector when requested.
(5) Systems identified by Sec. 56.97-40(a)(1) through (c) that
contain plastic piping must be tested to 1.5 MAWP as required by Sec.
56.97-40(a).
(6) Plastic pipe used outboard of the required metallic shell valve
in any piping system penetrating the vessel's shell (see Sec. 56.50-
95(f)) must have the same fire endurance as the metallic shell valve.
Where the shell valve and the plastic pipe are in the same unmanned
space, the valve must be operable from above the freeboard deck.
(7) Pipe that is to be used for potable water must bear the
appropriate certification mark of a nationally-recognized, ANSI-
accredited, third-party certification laboratory.
(8) Plastic pipe must also comply with appropriate requirements for
specific uses and arrangements of pipe given elsewhere in this part.
(b) * * *
(5) Nonmetallic flexible hose must have factory-assembled end
fittings requiring no further adjustment or field attachable fittings.
Hose end fittings must comply with SAE J1475 (incorporated by
reference, see Sec. 56.01-2). Field attachable fittings must be
installed following the manufacturer's recommended practice. If special
equipment is required, such as crimping machines, it must be of the
type and design specified by the manufacturer. A hydrostatic test of
each hose assembly must be conducted in accordance with Sec. 56.97-5.
* * * * *

PART 70--GENERAL PROVISIONS

0
58. The authority citation for part 70 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland
Security Delegation No. 0170.1(II)(92)(a), (92)(b).

0
59. Amend Sec. 70.01-1 by adding, at the end of the section, a
sentence to read as follows:

Sec. 70.01-1 Purpose of regulations.

* * * The regulations in this subchapter (parts 70, 71, 72, 76, 77,
78, and 80) have preemptive effect over State or local regulations in
the same field.

PART 71--INSPECTION AND CERTIFICATION

0
60. The authority citation for part 71 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56
FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security
Delegation No. 0170.1.

0
61. Add Sec. 71.25-3 to read as follows:

Sec. 71.25-3 Incorporation by reference.

(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is
available for inspection at the U.S. Coast Guard, Office of Design and
Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE.,
Stop 7509, Washington, DC 20593-7509, and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition,

[[Page 48252]]

effective December 5, 2009, IBR approved for Sec. 71.25-20(a).
(2) [Reserved]

Sec. 71.25-20 [Amended]

0
62. Amend Sec. 71.25-20 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must'';
0
b. Revise section heading and paragraphs (a) introductory text and
(a)(1).
0
c. In paragraph (a)(3), remove the word ``detecting'' wherever it
appears and add, in its place, the word ``detection''; and
0
e. In paragraph (a)(4), remove the words ``fire hose'' and add, in
their place, the word ``firehose''.
The revisions read as follows:

Sec. 71.25-20 Fire detection and extinguishing equipment.

(a) At each annual inspection, the inspector must ensure that the
following tests and inspections of fire detection and extinguishing
equipment have been conducted:
(1) All portable fire extinguishers and semi-portable fire
extinguishing systems must be maintained in accordance with NFPA 10,
chapter 7 (incorporated by reference, see Sec. 71.25-3). Chapter 7
requires persons performing annual and periodic maintenance, and
recharging to be certified. The Coast Guard requires that the servicing
persons be properly licensed to perform fire extinguisher maintenance
as required by local authorities having jurisdiction. Monthly
inspections required by NFPA 10 may be conducted by the owner,
operator, person-in-charge, or a designated member of the crew.
* * * * *

PART 72--CONSTRUCTION AND ARRANGEMENT

0
63. The authority citation for part 72 continues to read as follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
64. Add Sec. 72.01-2 to read as follows:

Sec. 72.01-2 Incorporation by reference.

0
65. Revise Sec. 72.05-1 to read as follows:

Sec. 72.05-1 Application.

(a) The provisions of this subpart apply to the following vessels:
(1) All vessels of 100 gross tons or more.
(2) All vessels with overnight accommodations for more than 150
passengers.
(3) All vessels on an international voyage.
(b) The provisions of this subpart, with the exception of Sec.
72.05-90, apply to all vessels noted in paragraph (a) of this section
contracted for on or after May 26, 1965. Such vessels contracted for
prior to May 26, 1965, must meet the requirements of Sec. 72.05-90.
(c) Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec. 72.01-2), when combined with the stair
requirements in Sec. 72.05-20 may be considered equivalent to the
provisions of this subpart.
(d) Vessels regulated under subchapter K of this chapter which
carry more than 600 passengers or with overnight accommodations for
more than 49 passengers must also meet the requirements for stairways,
ladders and elevators in Sec. 72.05-20 (see 46 CFR 116.438(a)).

PART 76--FIRE PROTECTION EQUIPMENT

0
66. The authority citation for part 76 continues to read as follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
67. In Sec. 76.01-2--
0
a. Redesignate paragraph (c) and (d) as (d) and (e);
0
b. Add new paragraph (c);
0
c. Revise redesignated paragraph (d)(1); and
0
d. Add new paragraph (d)(2);
The additions and revision read as follows.

Sec. 76.01-2 Incorporation by reference.

* * * * *
(c) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) International Convention for the Safety of Life at Sea (SOLAS),
as amended, Consolidated Edition, 2009, including Erratum, IBR approved
for Sec. Sec. 76.27-1(b) and 76.27-70 introductory text, (a) through
(d) and (j).
(2) FSS Code, International Code for Fire Safety Systems, Second
Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for
Sec. Sec. 76.27-1(b) and 76.27-70 introductory text, and (e) through
(j).
(3) Resolution A.1021(26), Code on Alerts and Indicators, 2009,
adopted on 2 December 2009 (``IMO Resolution A.1021(26)''), IBR
approved for Sec. 76.27-70(j).
(d) * * *
(1) NFPA 13-1996, Standard for the Installation of Sprinkler
Systems, IBR approved for Sec. 76.25-90.
(2) NFPA 13, Standard for the Installation of Sprinkler Systems,
2010 Edition, effective August 26, 2009, IBR approved for Sec. 76.25-
1.
* * * * *

0
68. Revise Sec. 76.01-5 to read as follows:

Sec. 76.01-5 Equipment installed but not required.

(a) Where extinguishing systems or equipment are not required, but
are installed, the system or equipment and its installation must meet
the requirements of this part.
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that:
(1) Components are listed by a nationally recognized testing
laboratory (NRTL) as that term is defined in 46 CFR 161.002-2, and are
designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.

[[Page 48253]]

0
69. Revise Sec. 76.05-1 to read as follows:

Sec. 76.05-1 Fire detection and alarm systems.

(a) Approved fire detection and alarm systems must be installed on
the following vessels as set forth in subpart 76.27 of this part:
(1) Any vessel on an international voyage;
(2) Any vessel of more than 150 feet (45.72 meters) in length
having sleeping accommodations for passengers; and
(3) Any vessel of 150 feet (45.72 meters) or less in length, not on
an international voyage, having sleeping accommodations for 50 or more
passengers. Vessels in this category are not required to have a fire
detection system in the cargo spaces.
(b) The arrangements and details of the fire detection systems must
be as set forth in subparts 76.25 through 76.33 of this part.

0
70. Revise Sec. 76.05-5 to read as follows:

Sec. 76.05-5 Manual alarm system.

(a) An approved manual alarm system must be installed in all
vessels as set forth in subpart 76.27 of this part.
(b) [Reserved]

Sec. 76.05-10 [Amended]

0
71. In Sec. 76.05-10(a), remove the word ``shall'' and add, in its
place, the word ``must''.
0
72. Revise Sec. 76.05-20 to read as follows:

Sec. 76.05-20 Fixed fire extinguishing systems.

Approved fire extinguishing systems must be installed, as required
by Table 76.05-20 on all self-propelled vessels and on all barges with
sleeping accommodations for more than six persons. Previously approved
installations may be retained as long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection.

Table 76.05-20--Required Fixed Extinguishing Systems
------------------------------------------------------------------------
Fixed extinguishing
Space systems
------------------------------------------------------------------------
Safety Areas
------------------------------------------------------------------------
Wheelhouse or fire-control room.............. None required.\1\
Stairway and elevator enclosures............. None required.\1\
Communication corridors...................... None required.\1\
Lifeboat embarkation and lowering stations... None required.
Radio room................................... None required.\1\
------------------------------------------------------------------------
Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, isolated pantries, None required.\1\
etc.
Offices, lockers, and isolated storerooms.... None required.\1\
Public spaces................................ None required.\1\
Open decks or enclosed promenades............ None required.
------------------------------------------------------------------------
Service Spaces
------------------------------------------------------------------------
Galleys...................................... None required.\1\
Main pantries................................ None required.\1\
Motion picture booths and film lockers....... None required.\1\ \2\
Paint and lamp rooms......................... Carbon dioxide.\3\
Inaccessible baggage, mail, and specie rooms Carbon dioxide.\3\
and storerooms.
Accessible baggage, mail, and specie rooms None required.\1\
and storerooms.
Refrigerated storerooms...................... None required.
Carpenter, valet, photographic, and printing None required.\1\
shops, sales rooms, etc.
------------------------------------------------------------------------
Machinery spaces
------------------------------------------------------------------------
Coal fired boilers: Bunker and boiler space.. None required.\1\
Oil fired boilers: Spaces containing oil Carbon dioxide or
fired boilers either main or auxiliary, foam.\4\
their fuel oil service pumps, and/or such
other fuel oil units as the heaters,
strainers, valves, manifolds, etc., that are
subject to the discharge pressure of the
fuel oil service pumps, together with
adjacent spaces to which oil can drain.
Internal combustion or gas turbine propelling Carbon dioxide.\5\
machinery spaces.
Electric propulsive motors or generators of None required.
open type.
Enclosed ventilating systems for motors and Carbon dioxide (in
generators of electric propelling machinery. ventilating system).\6\
Auxiliary spaces, internal combustion or gas Carbon dioxide.\7\
turbine.
Auxiliary spaces, electric motors or None required.
generators.
Auxiliary spaces, steam...................... None required.
Trunks to machinery spaces................... None required.
Fuel tanks................................... None required.\8\
------------------------------------------------------------------------
Cargo Spaces
------------------------------------------------------------------------
Inaccessible during voyage (combustible Carbon dioxide.\3\
cargo), including trunks (excluding tanks).
Accessible during voyage (combustible cargo). Automatic or manual
sprinkler system.
Vehicular deck (except where no overhead deck Manual sprinkler.
is 30 feet (9.14 meters) in length or less).
Cargo oil tanks.............................. Carbon dioxide or
foam.\3\

[[Page 48254]]

Specially suitable for vehicles.............. Carbon dioxide, automatic
or manual sprinkler
system.
------------------------------------------------------------------------
\1\ Vessels of 100 GT or more contracted for on or before May 27, 1936,
and having combustible joiner work must be fitted with an automatic
sprinkler system, except in relatively incombustible spaces.
\2\ Sprinkler heads may be attached to a potable water system provided
electrical or pneumatic detecting is installed.
\3\ On vessels contracted for prior to January 1, 1962, a steam
smothering system may be accepted. However, although existing steam
smothering systems may be repaired, replaced, or extended, no new
system contracted for on or after January 1, 1962, will be permitted.
\4\ Protection of auxiliary boilers, fuel oil units, valves, and
manifolds not required on vessels contracted for prior to November 19,
1952.
\5\ Not required on vessels of less than 300 GT (except on an
international voyage) using fuel with a flashpoint higher than
110[emsp14][deg]F, where the space is normally manned.
\6\ Not required on vessels contracted for prior to November 19, 1952.
\7\ Not required on vessels of less than 300 GT or on vessels contracted
for prior to November 19, 1952, except where fuel, including starting
fuel, has a flashpoint of 110[emsp14][deg]F or less.
\8\ Where fuel having a flashpoint of 110[emsp14][deg]F or lower is used
the space containing the fuel tanks must be protected by a carbon
dioxide system.

Sec. 76.10-5 [Amended]

0
73. Amend Sec. 76.10-5 as follows:
0
a. In paragraph (a), remove the word ``shall'' and add, in its place,
the word ``must''; and
0
b. In Table 76.10-5(a), footnote 1, remove the words ``75 feet of 1\1/
2\-inch hose and \5/8\-inch nozzles may be used where specified'' and
add, in their place, the words ``Except as allowed''.

0
74. Revise Sec. 76.10-10 to read as follows:

Sec. 76.10-10 Fire station hydrants, hose and nozzles

(a) The size of fire hydrants, hoses, and nozzles, and the length
of hose required, must be as specified in Table 76.10-5(a) of this
subpart.
(b) On vessels of more than 1,500 gross tons, the 2\1/2\-inch hose
and hydrants specified in Table 76.10-5(a) may be replaced with 1\1/2\-
inch hose and hydrants as follows:
(1) The hydrants in interior locations may have wye connections for
1\1/2\-inch hose. In these cases, the hose must be 75 feet (22.86
meters) in length, and only one hose will be required at each fire
station; however, if every interior space can be reached by a 50-foot
hose then 50-foot hoses may be installed at each interior fire hydrant;
and
(2) The hydrants for external locations may consist of two 1\1/2\-
inch outlets, each with a 1\1/2\-inch hose, supplied through a wye
connection as a substitute.
(c) On vessels of 500 gross tons or more, there must be at least
one shore connection to the fire main available to each side of the
vessel in an accessible location. Suitable cut-out valves and check
valves must be provided. Suitable adaptors also must be provided for
furnishing the vessel's shore connections with couplings mating those
on the shoreside fire lines. Vessels of 500 gross tons or more on an
international voyage must be provided with at least one international
shore connection complying with ASTM F 1121 (incorporated by reference,
see Sec. 76.01-2). Facilities must be available that enable an
international shore connection to be used on either side of the vessel.
(d) Fire hydrants must be of sufficient number and so located that
any part of the vessel accessible to the passengers or crew while the
vessel is being navigated, other than main machinery spaces and cargo
holds, may be reached with at least two streams of water from separate
outlets, at least one of which must be from a single length of hose.
All areas of the main machinery spaces and cargo holds must be capable
of being reached by at least two streams of water, each of which must
be from a single length of hose from separate outlets. This requirement
need not apply to shaft alleys containing no assigned space for the
stowage of combustibles. Fire hydrants must be numbered as required by
Sec. 78.47-20 of this subchapter.
(e) All parts of the fire main located on exposed decks must either
be protected against freezing or be fitted with cut-out valves and
drain valves so that the entire exposed parts of such piping may be
shut off and drained in freezing weather. Except when closed to prevent
freezing, such valves must be sealed open.
(f) The outlet at each fire hydrant must be provided with a cock or
valve fitted in such a position that the firehose may be removed while
the fire main is under pressure. In addition, the outlet must be
limited to any position from the horizontal to the vertical pointing
downward, so that the hose will lead horizontally or downward to
minimize the possibility of kinking.
(g) Each fire hydrant must have at least one length of firehose, a
spanner wrench, and a hose rack or other device for stowing the hose.
(h) Firehoses must be connected to the outlets at all times.
However, on open decks where no protection is afforded to the hose in
heavy weather, or where the hose may be liable to damage from the
handling of cargo, the hose may be temporarily removed from the hydrant
and stowed in an accessible nearby location.
(i) A firehose must not be used for any purpose other than fire
extinguishing and fire drills.
(j) Each firehose on each hydrant must have a combination solid
stream and water spray firehose nozzle that meets the requirements in
46 CFR 162.027. Firehose nozzles previously approved under subpart
162.027 of this chapter may be retained so long as they are maintained
in good condition to the satisfaction of the Officer in Charge, Marine
Inspection.
(k) Straight stream firehose nozzles approved under 46 CFR 162.027
must have low-velocity water spray applicators for--
(1) Two firehoses within the accommodation and service areas; and
(2) Each firehose within propulsion machinery spaces containing an
oil-fired boiler, internal combustion machinery, or an oil fuel unit on
a vessel on an international voyage or on any vessel of 1,000 gross
tons or more. The length of each applicator must be not more than 1.8
meters (6 feet).
(l) Fixed brackets, hooks, or other means for stowing an applicator
must be next to each fire hydrant that has an applicator under
paragraph (k) of this section.
(m) Fire hydrants, nozzles, and other fittings must have threads to
accommodate the hose connections noted in paragraph (l) of this
section.
(n) Firehose and couplings must be as follows:
(1) Fire station hydrant connections must be brass, bronze, or
other equivalent metal. Couplings must either--
(i) Use National Standard (NS) firehose coupling threads for the
1\1/2\-in

[[Page 48255]]

(38-mm) and 2\1/2\-in (64-mm) hose sizes, i.e., 9 threads per inch for
a 1\1/2\-in hose, and 7\1/2\ threads per inch for a 2\1/2\-in hose; or
(ii) Be a uniform design for each hose diameter throughout the
vessel.
(2) Each section of firehose must be a lined commercial firehose
that conforms to UL 19 (incorporated by reference, see Sec. 76.01-2).
A hose that bears the label of UL as a lined firehose is accepted as
conforming to this requirement.

0
75. Revise Sec. 76.25-1 to read as follows:

Sec. 76.25-1 Application.

Automatic sprinkler systems must comply with Chapter 25 of NFPA 13
(incorporation by reference, see Sec. 76.01-2).

Sec. Sec. 76.25-5 through 76.25-35 [Removed]

0
76. Remove and reserve Sec. Sec. 76.25-5 through 76.25-35.
0
77. Revise subpart 76.27, consisting of Sec. Sec. 76.27-1 through
76.27-90, to read as follows:
Subpart 76.27--Fire Detection and Alarm System, Details
Sec.
76.27-1 Application.
76.27-5 General.
76.27-10 Operation.
76.27-15 Detectors.
76.27-20 Alarm indicators.
76.27-25 Power and circuitry.
76.27-30 Zoning.
76.27-35 Installation.
76.27-70 Application of SOLAS and FSS Code.
76.27-80 Installations contracted for on or after November 19, 1952,
and prior to July 22, 2021.
76.27-90 Installations contracted for prior to November 19, 1952.

Subpart 76.27--Fire Detection and Alarm System, Details

Sec. 76.27-1 Application.

(a) Where a fire detection and alarm system is installed, the
provisions of this subpart, with the exception of Sec. Sec. 76.27-80
and 76.27-90, apply to all installations contracted for on or after
July 22, 2021. Installations contracted for on or after November 19,
1952, and prior to July 22, 2021 must meet the requirements of Sec.
76.27-80. Installations contracted for prior to November 19, 1952, must
meet the requirements of Sec. 76.27-90.
(b) The design, manufacture, installation, and operation of fire
detection and alarm systems must be in accordance with either:
(1) Sections 76.27-5 through 76.27-35; or
(2) SOLAS Chapter II-2, Regulation 7 and FSS Code Chapter 9 (both
incorporated by reference, see Sec. 76.01-2) as detailed in Sec.
76.27-70.

Sec. 76.27-5 General.

(a) Detectors, manual alarm stations, control panels, cabinets,
alarms, and other notifying devices must be of approved types.
(b) The fire detection and alarm system must be capable of
immediate operation at all times that the vessel is in service.
(c) The fire detection and alarm system must control and monitor
input signals for all connected detectors and manual pull stations or
call points.
(d) The fire detection and alarm system must provide fire or fault
output signals to the pilothouse or fire control station.
(e) The fire detection and alarm system must notify crew and
passengers of a fire when appropriate.
(f) The fire detection and alarm system must be so arranged and
installed that the presence of a fire in any of the protected spaces
will be automatically registered visibly and audibly in the pilothouse
or fire control station. The visible notice must indicate the zone in
which the alarm originated. On vessels of more than 150 feet (45.72
meters) in length, there must also be an audible alarm in the engine
room.

Sec. 76.27-10 Operation.

(a) Means to manually acknowledge all alarm and fault signals must
be provided at the control panel. The audible alarm on the control
panel may be manually silenced. The control panel must clearly
distinguish between normal, alarm, acknowledged alarm, fault, and
silence conditions.
(b) The activation of any detector or manual pull station must
cause an audible and visual fire detection alarm signal at the control
panel. If the alarm signal has not been acknowledged within 2 minutes,
an audible fire alarm must be automatically sounded throughout the crew
accommodations and service spaces, control stations, and manned
machinery spaces.
(c) A fire detection and alarm system must automatically reset to a
normal operating condition after alarm and fault situations are
cleared.
(d) Detectors in certain spaces, such as workshops during hot work
and ro-ro spaces during on- and off-loading, may be disabled. The
system must be restored automatically to normal surveillance after a
predetermined time. Spaces must be manned when any detectors are
disabled. Detectors in all other spaces must remain operational.
(e) In fire detection and alarm systems with addressable detectors
and manual pull stations, every fault (such as an open circuit, short
circuit, or ground fault) must be monitored and must not prevent the
continued individual identification of the remaining detectors and
manual pull stations.
(f) In fire detection and alarm systems with addressable detectors
and manual alarm stations, the initiation of the first fire detector
and resulting alarm must not prevent any other detector from
responding.
(g) Fire detection and alarm systems without addressable detectors
and manual alarm stations must identify the zone that contains the
activated detector or station upon activation of a detector or manual
pull station.
(h) Fire detection and alarm systems may output signals to other
fire safety systems including, but not limited to, paging systems, fire
alarm or public address systems, fan stops, fire doors, fire dampers,
sprinkler systems, smoke extraction systems, low-location lighting
systems, fixed local application fire extinguishing systems, and
closed-circuit television systems.
(i) Fire detection and alarm systems may accept signals from other
safety systems. For example, a signal initiated from actuation of an
automatic sprinkler valve may be sent to a fire detection and alarm
system.
(j) The fire detection and alarm system may be connected to a
decision management system provided that--
(1) The decision management system is compatible with the fire
detection and alarm system;
(2) The decision management system can be disconnected without
affecting the performance of the fire detection and alarm system; and
(3) Any malfunction of the interfaced and connected decision
management equipment must not render the fire detection and alarm
system ineffective.

Sec. 76.27-15 Detectors.

(a) Detectors must be responsive to heat, smoke, or other products
of combustion, flame, or any combination of these factors. Detectors
responsive to other indicators of incipient fires may be used if
approved.
(b) Detectors must be capable of being triggered or tested and
restored to service without the replacement of any component.
(c) Heat detectors must be rated not lower than 130[emsp14][deg]F
(54 [deg]C) and not higher than 172[emsp14][deg]F (78 [deg]C). The
operating temperature of heat detectors located in spaces of high
normal ambient temperatures may be up to 260[emsp14][deg]F (130
[deg]C). The operating temperatures of heat detectors in saunas may be
up to 284[emsp14][deg]F (140 [deg]C).

[[Page 48256]]

(d) Fire detectors fitted in passenger cabins must also emit, or
cause to be emitted, an audible alarm within the cabin when activated.
(e) The required sensitivity and other performance criteria of
detectors must be as set forth in 46 CFR 161.002.

Sec. 76.27-20 Alarm indicators.

(a) Audible alarms must generate sound pressure levels as set forth
in 46 CFR 161.002 and must:
(1) Be at least 75 dBA as measured at the sleeping position in
cabins;
(2) Be at least 10 dBA above ambient noise levels existing during
normal operation with the ship under way in moderate weather when
measured at a point 5 feet (1.5 meters) above the finished floor and at
least 3 feet (1 meter) from the source;
(3) Not exceed 120 dBA; and
(4) The sound pressure level must be measured in the third octave
band about the fundamental frequency.
(b) Visual alarms must generate light of an intensity and period as
set forth in 46 CFR 161.002.
(c) All audible and visual alarms must be audible and visible
throughout the spaces they are intended to alert.

Sec. 76.27-25 Power and circuitry.

(a) The power supply and emergency power supply for all fire
detection and alarm systems must be in accordance with 46 CFR chapter
I, subchapter J (Electrical Engineering). At the end of the required
period for which the fire detection and alarm system must remain
operable under emergency power, the system must remain capable of
operating all audible and visual fire alarm signals for an additional
period of 30 minutes.
(b) All wiring and electrical circuits and equipment must be in
accordance with 46 CFR chapter I, subchapter J (Electrical
Engineering).
(c) All fire detection and alarm systems must monitor power
supplies and circuits necessary for the operation of the system during
loss of power and fault conditions.

Sec. 76.27-30 Zoning.

(a) The fire detection system must be divided into separate zones
to restrict the area covered by any particular alarm signal.
(b) The fire detection zone must not include spaces in more than
one main vertical zone, except on cabin balconies.
(c) The fire detection zone must not include spaces on more than
one deck, except--
(1) Adjacent and communicating spaces on different decks at the
ends of the vessel having a combined ceiling area of not more than
3,000 sq ft;
(2) Isolated rooms or lockers in such spaces as mast houses or
wheelhouse tops, which are easily communicable with the area of the
fire detection circuit to which they are connected; and
(3) Systems with addressable detectors and manual alarm stations
that can have their status individually determined.
(d) Any fire detection zone with non-addressable detectors and
manual pull stations must not contain more than 25 protected rooms or
spaces.

Sec. 76.27-35 Installation.

(a) Detectors must be located in all spaces except those having
little or no fire risk such as void spaces with no stowage of
combustibles, private bathrooms, public toilets, fire extinguishing
medium storage rooms, deck spaces, and enclosed promenades that are
naturally ventilated by permanent openings.
(b) The detectors must be located on the overhead in the space
protected at a minimum distance of 18 in (0.5 m) away from bulkheads,
except in corridors, lockers, and stairways. Positions near beams and
ventilation ducts, or other positions where patterns of air flow could
adversely affect performance should be avoided. Where liable to
physical damage, the detector must be suitably protected.
(c) Detectors must be located in accordance with spacing
requirements as tested and approved.
(d) Detectors in stairways must be located at least at the top
level of the stairs and at every second level beneath.
(e) There must be at least one manual alarm station in each zone.
(f) Manual alarm stations must be located in main passageways,
stairway enclosures, public spaces, or similar locations where they
will be readily available and easily seen in case of need.
(g) A sufficient number of manual alarm stations must be employed
to enable a person escaping from any space to find a manual alarm
station on his or her normal escape route.
(h) Cables that form part of a fire detection and alarm system must
be arranged to avoid galleys and machinery and other high fire risk
spaces except where it is necessary to provide for fire detection and
alarms in such spaces or to connect to an appropriate power supply.
(i) Clear information about the installation and operation of a
fire detection and alarm system must be displayed on or adjacent to its
control panels.
(j) The audible alarms must be identified as required by Sec.
78.47-13 of this subchapter.
(k) The entire main vertical zone containing an atrium must be
protected throughout with smoke detectors.

Sec. 76.27-70 Application of SOLAS and FSS Code.

When the design, manufacture, installation, and operation of a fire
detection and alarm system is to be in accordance with SOLAS Chapter
II-2, Part C, Regulation 7 and FSS Code Chapter 9 (both incorporated by
reference, see Sec. 76.01-2) as allowed by Sec. 76.27-1(b)(2), the
following requirements apply:
(a) The periodic testing of fire detection and alarm systems
required in SOLAS Chapter II-2, Regulation 7.3.2 must be conducted as
part of the annual inspection mandated in subpart 71.25 of this
subchapter.
(b) Control stations must be included among the spaces to be
protected by a fire detection and alarm system under SOLAS Chapter II-
2, Regulation 7.5.3.
(c) The Commanding Officer of the U.S. Coast Guard Marine Safety
Center will determine whether a cargo space in a passenger vessel is
inaccessible and whether or not it is reasonable to provide fire
detection for the space under SOLAS Chapter II-2, Regulation 7.6.
(d) The Commanding Officer of the U.S. Coast Guard Marine Safety
Center will determine whether or not there is risk of fire originating
in concealed and inaccessible places that otherwise would require
access of a fire patrol under SOLAS Chapter II-2, Regulation 7.8.2.
(e) Any detectors operated by factors other than heat, smoke, or
other products of combustion, or flame as addressed in FSS Code Chapter
9.2.3.1.1, may be used if they are approved types.
(f) Notwithstanding the provisions of FSS Code Chapter 9.2.3.1.2,
the required sensitivity and other performance criteria of smoke
detectors must be as set forth in 46 CFR 161.002.
(g) Notwithstanding the provisions of FSS Code Chapter 9.2.3.1.3,
the required sensitivity and other performance criteria of heat
detectors must be as set forth in 46 CFR 161.002.
(h) As addressed in FSS Code Chapter 9.2.4.1.3, when a fire
detection and alarm system does not include means for identifying each
detector individually, no section of detectors and manually operated
call points may include more than 25 enclosed spaces.
(i) Notwithstanding the spacing set forth in FSS Code Chapter 9,
Table 9.1,

[[Page 48257]]

fire detectors must be placed in accordance with spacing requirements
as tested and approved.
(j) Footnotes to SOLAS Chapter II-2, Regulation 7.9 and FSS Code
Chapter 9.2.51 refer to the Code on Alarms and Indicators, 2009, as
adopted by IMO Resolution A.1021(26) (incorporated by reference, see
Sec. 76.01-2). The provisions of the Code on Alarms and Indicators are
recommended but not required under the option in Sec. 76.27-1(b)(2).

Sec. 76.27-80 Installations contracted for on or after November 19,
1952 and prior to July 22, 2021.

Installations contracted for on or after November 19, 1952 and
prior to July 22, 2021, must meet the following requirements:
(a) Location and spacing of detectors. (1) The detectors must be
located close to the overhead in the space protected. Where prone to
physical damage, the detector(s) must be suitably protected.
(2) Unless specifically approved otherwise, every point on the
overhead of a protected space must be within 10 feet (3.05 meters) of a
detector. Where beams or girders extend below the ceiling, or where the
ceiling is installed at more than one level, the detectors must be so
located as to be most effective.
(b) Operation and installation. (1) The system must be so arranged
and installed that the presence of a fire in any of the protected
spaces will be automatically registered visibly and audibly in the
pilothouse or fire control station. The visible notice must indicate
the zone in which the alarm originated. On vessels of more than 150
feet (45.72 meters) in length, there must also be an audible alarm in
the engine room.
(2) The detectors, the fire detection cabinet, and alarms must be
of an approved type.
(3) In general, the detectors must be rated not lower than 135
[deg]F and not higher than 165 [deg]F. However, in spaces where a high
ambient temperature may be expected, detectors must be rated not lower
than 175 [deg]F and not higher than 225 [deg]F.
(4) The fire detection system must be used for no other purpose,
except that it may be integrated with the manual alarm system.
(5) All wiring and electrical circuits and equipment must meet the
applicable requirements of 46 CFR chapter I, subchapter J (Electrical
Engineering) of this chapter.
(6) A framed chart or diagram must be installed in the wheelhouse
or control station adjacent to the detecting cabinet indicating the
location of the various detecting zones and giving instructions for the
operation, maintenance, and testing of the system. This chart, or a
separate card or booklet to be kept near the chart, must have tabulated
spaces for the date and signature of the licensed officer of the vessel
who must witness or conduct the periodic tests.
(7) The audible alarms must be identified as required by Sec.
78.47-13 of this subchapter.
(c) Zoning. (1) The fire detection system must be divided into
separate zones to restrict the area covered by any particular alarm
signal.
(2) All spaces in a fire detection zone must be accessible from one
to another without leaving the deck involved. All doors in watertight
subdivision bulkheads and main vertical zone bulkheads must be assumed
closed for the purpose of this requirement.
(3) The fire detection zone must not include spaces on more than
one deck, except:
(i) Adjacent and communicating spaces on different decks at the
ends of the vessel having a combined ceiling area of not more than
3,000 sq ft;
(ii) Isolated rooms or lockers in such spaces as mast houses,
wheelhouse top, etc., which are easily communicable with the area of
the fire detection circuit to which they are connected; and
(iii) Systems with indicators for individual spaces.
(4) The fire detection zone must not contain more than 50 protected
rooms or spaces.
(d) Repair of existing systems. (1) If the status of the approval
for the system is other than ``Former--Do not use'', the system may be
repaired by the following means:
(i) Repair in kind using the same components as installed and
listed on the approved drawings;
(ii) Repair using equivalent components from the authorized
component list for the type approval for that system;
(iii) Repair using equivalent components from the authorized
component list for the type approval for another fire detection system,
provided that the replacement devices are compatible with the installed
system; and
(iv) Repair using devices that are currently type approved,
provided that the replacement devices are compatible with the installed
system.
(2) Any changes to the system that will result in the fire
detection system not complying with the approved drawings require the
drawings to be revised and submitted to the Marine Safety Center for
review.

Table 76.27-80--Installations
------------------------------------------------------------------------
Space Detecting systems
------------------------------------------------------------------------
Safety Areas
------------------------------------------------------------------------
Wheelhouse or fire-control room........ None required.\1\
Stairway and elevator enclosures....... None required.\1\
Communication corridors................ None required.\1\
Lifeboat embarkation and lowering None required.
stations.
Radio room............................. None required.\1\
------------------------------------------------------------------------
Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, isolated None required.\1\
pantries, etc.
Offices, lockers, and isolated Electric, pneumatic, or
storerooms. automatic sprinkling.\1\
Public spaces.......................... None required with 20-minute
patrol. Electric, pneumatic,
or automatic sprinkling with 1
hour patrol.\1\
Open decks or enclosed promenades...... None required.
------------------------------------------------------------------------
Service Spaces
------------------------------------------------------------------------
Galleys................................ None required.\1\
Main pantries.......................... None required.\1\

[[Page 48258]]

Motion picture booths and film lockers. Electric, pneumatic, or
automatic sprinkling.\1\ \2\
Paint and lamp rooms................... Smoke detecting.\3\
Inaccessible baggage, mail, and specie Smoke detecting.\3\
rooms and storerooms.
Accessible baggage, mail, and specie Electric, pneumatic, or
rooms and storerooms. automatic sprinkling.
Refrigerated storerooms................ None required.
Carpenter, valet, photographic, and Electric, pneumatic, or
printing shops, sales rooms, etc. automatic sprinkling.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Coal fired boilers: Bunker and boiler None required.
space.
Oil fired boilers: Spaces containing None required.
oil fired boilers either main or
auxiliary, their fuel oil service
pumps, and/or such other fuel oil
units as the heaters, strainers,
valves, manifolds, etc., that are
subject to the discharge pressure of
the fuel oil service pumps, together
with adjacent spaces to which oil can
drain.
Internal combustion or gas turbine None required.
propelling machinery spaces.
Electric propulsive motors or None required.
generators of open type.
Enclosed ventilating systems for motors None required.
and generators of electric propelling
machinery.
Auxiliary spaces, internal combustion None required.
or gas turbine.
Auxiliary spaces, electric motors or None required.
generators.
Auxiliary spaces, steam................ None required.
Trunks to machinery spaces............. None required.
Fuel tanks............................. None required.
------------------------------------------------------------------------
Cargo Spaces
------------------------------------------------------------------------
Inaccessible during voyage (combustible Smoke detecting.
cargo), including trunks (excluding
tanks).
Accessible during voyage (combustible Smoke detecting, electric,
cargo). pneumatic or automatic
sprinkling.
Vehicular deck (except where no None required.
overhead deck is 30 feet (9.14 meters)
in length or less).
Cargo oil tanks........................ None required.
Specially suitable for vehicles........ Smoke detecting, electric,
pneumatic or automatic
sprinkling.
------------------------------------------------------------------------
\1\ Vessels of 100 GT or more contracted for on or before May 27, 1936,
and having combustible joiner work must be fitted with an automatic
sprinkler system, except in relatively incombustible spaces.
\2\ Sprinkler heads may be attached to a sanitary system provided
electrical or pneumatic detecting is installed.
\3\ On vessels contracted for prior to January 1, 1962, a steam
smothering system may be accepted. However, although existing steam
smothering systems may be repaired, replaced, or extended, no new
system contracted for on or after January 1, 1962, will be permitted.

Sec. 76.27-90 Installations contracted for prior to November 19,
1952.

(a) Installations contracted for prior to November 19, 1952, must
meet the following requirements:
(1) Existing arrangements, materials, and equipment previously
approved will be considered satisfactory so long as they meet the
minimum requirements of this paragraph, and they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection. Minor repairs and alterations may be made to the same
standards as the original installation.
(2) The details of the systems must be in general agreement with
Sec. Sec. 76.27-5 through 76.27-15 insofar as is reasonable and
practicable.
(b) [Reserved]

Subpart 76.30--Pneumatic Fire Detection System, Details

0
78. Revise the heading of subpart 76.30 to read as set forth above.
0
79. Revise Sec. 76.30-1 to read as follows:

Sec. 76.30-1 Application.

(a) Where a pneumatic fire detection system is installed, the
provisions of this subpart, with the exception of Sec. 76.30-90, must
apply to all installations contracted for on or after November 19,
1952, and prior to July 22, 2021. Installations contracted for prior to
November 19, 1952, must meet the requirements of Sec. 76.30-90.
(b) [Reserved]

Sec. 76.30-5 [Amended]

0
80. In Sec. 76.30-5, remove the word ``detecting'' wherever it appears
and add, in its place, the word ``detection''; and remove the word
``shall'' wherever it appears and add, in its place, the word ``must''.
0
81. Revise Sec. 76.30-10 to read as follows:

Sec. 76.30-10 Location and spacing of tubing.

(a) The tubing must be located on the overhead or within 12 inches
of the overhead on the bulkheads. Where liable to physical damage, the
tubing must be suitably protected.
(b) In each enclosed space or separate room there must be exposed
at least 5 percent of the total length of tubing in that circuit, but
in no case may the amount be less than 25 feet.
(c) No spot on the overhead of a protected space may be more than
12 feet from the nearest point of tubing. Where beams or girders extend
below the ceiling, or where the ceiling is installed at more than one
level, the tubing must be located so as to be most effective.

Sec. 76.30-15 [Amended]

0
82. Amend Sec. 76.30-15 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must'';
0
b. In paragraph (a), after the words ``On vessels'', remove the word
``over'' and add, in its place, the words ``greater than'';
0
c. In paragraph (c), after the words ``at a temperature rise of
approximately'', remove the text ``40 degrees F'' and add, in its
place, the text ``40[emsp14][deg]F''; and

[[Page 48259]]

0
d. In paragraph (d), remove the word ``detecting'' and add, in its
place, the word ``detection''

Sec. 76.30-90 [Amended]

0
83. Amend Sec. 76.30-90 as follows:
0
a. In paragraph (a) introductory text, remove the word ``shall'' and
add, in its place, the word ``must'';
0
b. In paragraph (a)(1), remove the word ``shall'' and add, in its
place, the word ``will''; and
0
c. In paragraph (a)(2), remove the word ``shall'' and add, in its
place, the word ``must''; and after the words ``in general agreement
with'', remove the text ``Sec. Sec. 76.30-5 through 76.30-15'' and
add, in its place, the text ``Sec. Sec. 76.27-5 through 76.27-35''.

Subpart 76.33--Smoke Detection System, Details

0
84. Revise the heading of subpart 76.33 to read as written above.
0
85. Revise Sec. 76.33-1 to read as follows:

Sec. 76.33-1 Application.

(a) Where a smoke detection system is installed, the provisions of
this subpart, with the exception of Sec. 76.33-90, apply to all
installations contracted for on or after November 19, 1952, and prior
to July 22, 2021. Installations contracted for prior to November 19,
1952, must meet the requirements of Sec. 76.33-90 of this subpart.
(b) Vessels must comply with the requirements of Sec. 76.33-20(c)
of this subpart not later than July 22, 2021.

Sec. 76.33-5 [Amended]

0
86. In Sec. 76.33-5, remove the word ``detecting'' wherever it appears
and add, in its place, the word ``detection''; and remove the word
``shall'' wherever it appears and add, in its place, the word ``must''.

Sec. 76.33-10 [Amended]

0
87. Amend Sec. 76.33-10 as follows:
0
a. In paragraphs (a) and (c), remove the word ``shall'' wherever it
appears and add, in its place, the word ``must''.
0
b. In paragraph (b), remove the word ``shall'' and add, in its place,
the word ``may''.

Sec. 76.33-15 [Amended]

0
88. Amend Sec. 76.33-15 as follows:
0
a. Remove the word ``detecting'' wherever it appears and add, in its
place, the word ``detection'';
0
b. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must''; and
0
c. In paragraph (e), remove the word ``tapes'' and add, in its place,
the word ``traps'',

0
89. Amend Sec. 76.33-20 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must'';
0
b. In paragraph (a), after the words ``On vessels'', remove the word
``over'' and add, in its place, the words ``greater than'', and remove
the word ``detecting'' wherever it appears and add, in its place, the
word ``detection'';
0
c. In paragraphs (b) and (e), remove the word ``detecting'' wherever it
appears and add, in its place, the word ``detection'''
0
d. Revise paragraph (c); and
0
e. In paragraphs (d) and (h), remove the word ``detecting'' wherever it
appears and add, in its place, the word ``detection''.
The revision reads as follows:

Sec. 76.33-20 Operation and installation.

* * * * *
(c) No exhaust from the detection cabinet may be discharged in the
vicinity of the cabinet to permit the detection of fire by odor.
Instead, the exhaust must be directed to the outside. Vessels must
comply with this requirement not later than July 22, 2021.
* * * * *

Sec. 76.33-90 [Amended]

0
90. Amend Sec. 76.33-90 as follows:
0
a. In paragraph (a) introductory text, remove the word ``shall'' and
add, in its place, the word ``must'';
0
b. In paragraph (a)(1), remove the word ``shall'' and add, in its
place, the word ``will''; and
0
c. In paragraph (a)(2), remove the word ``shall'' and add, in its
place, the word ``must''; and after the words ``general agreement
with'', remove the text ``Sec. Sec. 76.33-5 through 76.33-15'' and
add, in its place, the text ``Sec. Sec. 76.27-5 through 76.27-35''.

Sec. 76.35-1 [Amended]

0
91. Amend Sec. 76.35-1 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must''; and
0
b. In paragraph (a), after the text ``on or after November 19, 1952'',
add the text``, and prior to July 22, 2021''.

0
92. Amend Sec. 76.35-5 to revise paragraph (a) to read as follows:

Sec. 76.35-5 Zoning.

(a) The zoning of the manual alarm system must meet the same
requirements as those for the fire detection system set forth in Sec.
76.27-15(d).
* * * * *

Sec. 76.35-10 [Amended]

0
93. Amend Sec. 76.35-10 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must''; and
0
b. In the section heading and paragraphs (a) and (c), remove the word
``boxes'' wherever it appears and add, in its place, the word
``stations''; and remove the word ``box'' wherever it appears and add,
in its place, the word ``station''.

Sec. 76.35-15 [Amended]

0
94. Amend Sec. 76.35-15 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must'';
0
b. In paragraphs (b) and (f), remove the word ``boxes'' wherever it
appears and add, in its place, the word ``stations''; and
0
c. In paragraphs (c) and (e), remove the word ``detecting'' and add, in
its place, the word ``detection''.

0
95. Revise Sec. 76.50-1 to read as follows:

Sec. 76.50-1 Application.

0
(a) The provisions of this subpart, with the exception of Sec. Sec.
76.50-80 and 76.50-90, as applicable, apply to all vessels contracted
for on or after November 19, 1952.
0
(b) Vessels contracted for prior to January 18, 2017 and on or after
November 19, 1952, must meet the requirements of Sec. 76.50-80.
0
(c) Vessels contracted for prior to November 19, 1952, must meet the
requirements of Sec. 76.50-90.

Sec. 76.50-5 [Removed and Reserved]

0
96. Remove and reserve Sec. 76.50-5.
0
97. Revise Sec. 76.50-10 to read as follows:

Sec. 76.50-10 Location.

(a) Approved portable and semi-portable extinguishers must be
installed in accordance with table 76.50-10(a) of this section.
(b) Table 76.50-10(a) indicates the minimum required number and
type of extinguisher for each space listed. Extinguishers with larger
numerical ratings or multiple letter designations may be used if the
extinguishers meet the requirements of the table.

[[Page 48260]]

Table 76.50--10(a)--Carriage of Portable and Semi-Portable Fire
Extinguishers
------------------------------------------------------------------------
Fire extinguishing
-------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Safety Area \1\
------------------------------------------------------------------------
Wheelhouse or fire control 20-B:C.............. 1 of each
room. classification on
vessels over 1,000
GT. (Not required
in both spaces.)
(Multiple
classifications may
be recognized.)
Stairway and elevator .................... None required.
enclosures.
Communicating corridors..... 2-A................. 1 in each main
corridor in each
main vertical zone.
(May be located in
stairway
enclosures.)
Lifeboat embarkation and .................... None required.
lowering stations.
Radio room.................. 20-B:C \3\.......... 2 in the vicinity of
the exit.\2\
------------------------------------------------------------------------
Accommodations \1\
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None required.
isolated pantries, etc.
Offices, lockers, and .................... None required.
isolated storerooms.
Public spaces............... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
vicinity of the
exits, except that
none are required
for spaces under
500 sq ft.
Open decks or enclosed .................... None required.
promenades.
------------------------------------------------------------------------
Service Spaces
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft or fraction
thereof suitable
for hazards
involved.
Main pantries............... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
the vicinity of the
exits.
Motion picture booths and 10-B:C \3\.......... 1 outside in the
film lockers. vicinity of the
exit.
Paint and lamp rooms........ 40-B................ 1 outside space in
the vicinity of the
exit.
Inaccessible baggage, mail, .................... None required.
and specie rooms, and
storerooms.
Accessible baggage, mail, 2-A................. 1 for each 2,500 sq
and specie rooms, and ft or fraction
storerooms. thereof located in
the vicinity of the
exits, either
inside or outside
the spaces.
Refrigerated storerooms..... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
the vicinity of the
exits, outside the
spaces.
Carpenter, valet, 2-A................. 1 outside the space
photographic, printing in the vicinity of
shops sales rooms, etc. the exit.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Coal-fired boilers: Bunker .................... None required.
and boiler space.
Oil-fired boilers: Spaces, 40-B................ 2 required.\3\
containing oil fired
boilers, either main or
auxiliary, or their fuel
oil units.
160-B............... 1 required.\4\
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower,
machinery spaces. but not less than 2
or more than 6.
120-B............... 1 required.\5\
Electric propulsive motors 40-B:C.............. 1 for each
or generators of open type. propulsion motor or
generator unit.
Enclosed ventilating systems .................... None required.
for motors and generators
of electric propelling
machinery.
Auxiliary spaces, internal 40-B................ 1 outside the space
combustion or gas turbine. in the vicinity of
the exit.\6\
Auxiliary spaces, electric 40-B:C.............. 1 outside the space
emergency motors or in the vicinity of
generators. the exit.\6\
Auxiliary spaces, steam..... .................... None required.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Cargo Spaces
------------------------------------------------------------------------
Inaccessible during voyage, .................... None required.
including trunks (excluding
tanks).
Accessible during voyage.... 2-A................. 1 for each 1,200 sq
ft or fraction
thereof.
Vehicular spaces (covered by 40-B................ 1, plus 1 for each
a sprinkler system). 6,000 sq ft or
fraction thereof.
Vehicular spaces (not 40-B................ 1, plus 1 for each
covered by a sprinkler 1,500 sq ft or
system). fraction
thereof.\7\
Cargo oil tanks............. .................... None required.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of the
required number for
public spaces
rounded up.
40-B................ 10 percent of the
required number for
cargo spaces
rounded up.

[[Page 48261]]

40-B:C.............. 1.
------------------------------------------------------------------------
\1\ In any case, on vessels of 150 feet (45.72 meters) in length and
over, there must be at least two 2-A units on each passenger deck.
\2\ For vessels on an international voyage, substitute 1 20-B:C in the
vicinity of the exit.
\3\ Vessels of less than 1,000 GT and not on an international voyage
require 1.
\4\ Vessels of less than 1,000 GT and not on an international voyage may
substitute 1 160-B.
\5\ If an oil-burning donkey boiler is fitted in the space, the 160-B
previously required for the protection of the boiler room may be
substituted. Not required on vessels of less than 300 GT if the fuel
has a flashpoint of 110[emsp14][deg]F or lower except those on an
international voyage.
\6\ Not required on vessels of less than 300 GT if the fuel has a
flashpoint higher than 110[emsp14][deg]F.
\7\ Two 5-B units may be substituted for 1 20-B unit.
The location of the equipment must be to the satisfaction of the Officer
in Charge, Marine Inspection. Nothing in this paragraph should be
construed as limiting the Officer in Charge, Marine Inspection, from
requiring such additional equipment as he or she deems necessary for
the proper protection of the vessel.

(c) Semi-portable fire extinguishing systems must be located in the
open so as to be readily seen.
(d) If portable fire extinguishers are not located in the open or
behind glass so that they may be readily seen, they may be placed in
enclosures together with the firehose, provided such enclosures are
marked as required by Sec. 78.47-20 of this subchapter.
(e) Portable fire extinguishers and their stations must be numbered
in accordance with Sec. 78.47-30 of this subchapter.
(f) Portable or semi-portable extinguishers, which are required on
their nameplates to be protected from freezing, must not be located
where freezing temperatures may be expected.

Sec. 76.50-15 [Removed]

0
98. Remove Sec. 76.50-15.

0
99. Revise Sec. 76.50-20 as follows:
0
a. In the section heading, remove the word ``Semiportable'' and add, in
its place, the word ``Semi-portable'';
0
b. In paragraphs (a) and (b), remove the text ``size III, IV, and V''
and add, in its place, the text ``semi-portable''; and
0
c. Add paragraph (c) to read as follows:

Sec. 76.50-20 Semi-portable fire extinguishers.

* * * * *
(c) Each semi-portable extinguisher must be fitted with a suitable
hose and nozzle, or other practicable means, so that all areas of the
space can be protected.

0
100. Add Sec. 76.50-80 to read as follows:
Sec. 76.50-80 Locations and number of fire extinguishers required
for vessels constructed prior to January 18, 2017.
(a) Vessels contracted for prior to January 18, 2017, must meet the
following requirements:
(1) Previously installed extinguishers with extinguishing
capacities smaller than are required in Table 76.50-10(a) of this
subpart need not be replaced and may be continued in service so long as
they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection; and
(2) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.
(b) [Reserved]

PART 78--OPERATIONS

0
101. The authority citation for part 78 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.

0
102. Revise Sec. 78.47-13 to read as follows:

Sec. 78.47-13 Fire and automatic sprinkler alarm indicators.

(a) The fire detection, alarm, and automatic sprinkler indicators
in the engine room must be identified by at least 1-inch red lettering
as ``FIRE ALARM'' or ``SPRINKLER ALARM'' as appropriate. Where such
alarm indicators on the bridge or in the fire control station do not
form a cabinet, the indicators must be suitably identified as above.
(b) [Reserved]

PART 90--GENERAL PROVISIONS

0
103. The authority citation for part 90 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1. Sections 90.05-20 and 90.10-40 also issued under sec. 617,
Pub. L. 111-281, 124 Stat. 2905.

0
104. Amend Sec. 90.01-1 by adding, at the end of the section, a
sentence to read as follows:

Sec. 90.01-1 Purpose of regulations.

* * * The regulations in this subchapter (parts 90, 91, 92, 93, 95,
96, 97, 98, and 105) have preemptive effect over State or local
regulation within the same fields.

PART 91--INSPECTION AND CERTIFICATION

0
105. The authority citation for part 91 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland Security Delegation No.
0170.1.

0
106. Add Sec. 91.25-7 to read as follows:

Sec. 91.25-7 Incorporation by reference.

[[Page 48262]]

effective December 5, 2009, IBR approved for Sec. 91.25-20(a).
(2) [Reserved]

Sec. 91.25-20 [Amended]

0
107. Amend Sec. 91.25-20 as follows:
0
a. Revise paragraph (a)(1); and
0
b. In paragraphs (a)(2) through (4), remove the word ``shall'' wherever
it appears and add, in its place, the word ``must''.
The revision reads as follows:

Sec. 91.25-20 Fire extinguishing equipment.

(a) * * *
(1) Portable and semi-portable extinguishers must be inspected and
maintained in accordance with NFPA 10 (incorporated by reference, see
Sec. 91.25-7) as amended here:
(i) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(ii) Monthly inspections required by NFPA 10 may be conducted by
the owner, operator, person-in-charge, or a designated member of the
crew.
(iii) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(iv) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records have not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.
* * * * *

PART 92--CONSTRUCTION AND ARRANGEMENT

0
108. The authority citation for part 92 continues to read as follows:

Authority: 46 U.S.C. 3306; E.0. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
109. Revise Sec. 92.01-2(b)(1) to read as follows:

Sec. 92.01-2 Incorporation by reference.

* * * * *
(b) * * *
(1) International Convention for the Safety of Life at Sea (SOLAS),
as amended, Consolidated Edition, 2009, including Erratum, IBR approved
for Sec. 92.07-1(c).
* * * * *

Sec. 92.07-1 [Amended]

0
110. Amend Sec. 92.07-1 as follows:
0
a. In paragraph (a)--
0
i. After the text ``of Sec. 92.07-90,'', remove the word ``shall'';
0
ii, After the text ``4,000 gross tons'', remove the words ``and over''
and add, in their place, the words ``or more''; and
0
iii. After the text ``to January 1, 1962,'' remove the word ``shall''
and add, in its place, the word ``must'';
0
b. In paragraph (b)--
0
i. After the text ``of Sec. 92.07-90,'' remove the word ``shall'';
0
ii. After the text ``300 gross tons'', remove the words ``and over''
and add, in their place, the words ``or more''; and
0
iii. After the text ``to July 1, 1968,'' remove the word ``shall'' and
add, in its place, the word ``must''; and
0
c. Revise paragraph (c) to read as follows:

Sec. 92.07-1 Application.

* * * * *
(c) Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec. 92.01-2), may be considered equivalent to the
provisions of this subpart.

PART 95--FIRE PROTECTION EQUIPMENT

0
111. The authority citation for part 95 continues to read as follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
112. Amend Sec. 95.01-1 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a), remove the word ``shall''; and
0
c. Revise paragraph (b).
The revisions read as follows:

Sec. 95.01-1 General.

* * * * *
(b) Equipment installed prior to August 22, 2016 as required by
this paragraph (b) may remain in service so long as it is maintained in
good condition to the satisfaction of the Officer in Charge, Marine
Inspection.

0
113. In Sec. 95.01-2--
0
a. Redesignate paragraph (c) as (d);
0
b. Add new paragraphs (c) and (e); and
0
c. Revise redesignated paragraph (d).
The revision and additions read as follows.

Sec. 95.01-2 Incorporation by reference.

* * * * *
(c) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) FSS Code, International Code for Fire Safety Systems, Second
Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for Sec.
95.05-3(a) and (b).
(2) [Reserved]
(d) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 13, Standard for the Installation of Sprinkler Systems,
2010 Edition, effective August 26, 2009, IBR approved for Sec. 95.30-
1.
(2) [Reserved]
(e) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 19, Standard for Safety for Lined Fire Hose and Hose
Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved
for Sec. 95.10-10(n).
(2) [Reserved]

0
114. Amend Sec. 95.01-5 as follows:
0
a. In paragraph (a), after the words ``Where fire'', remove the words
``detecting or'', and remove the word ``shall'' and add, in its place,
the word ``must''; and
0
b. Add paragraph (b) to read as follows:

Sec. 95.01-5 Equipment installed but not required.

* * * * *
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that--
(1) Components are listed and labeled by an independent, nationally
recognized testing laboratory as set forth in 29 CFR 1910.7, and are
designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.

[[Page 48263]]

Subpart 95.05--Fire Detection and Extinguishing Equipment

0
115. Revise the heading of subpart 95.05 to read as shown above.
0
116. Revise Sec. 95.05-1 to read as follows:

Sec. 95.05-1 Fire detection, manual alarm, and supervised patrol
systems.

(a) Fire detection, manual alarm, and supervised patrol systems are
not required except in special cases; but if installed, the systems
must meet the applicable requirements of 46 CFR, part 76 of subchapter
H (Passenger Vessels) of this chapter.
(b) In each compartment containing explosives, and in adjacent
cargo compartments, there must be provided a smoke detection system.
When used, sample extraction smoke detection systems must meet the
requirements in Sec. 95.05-3.
(c) Enclosed spaces that are ``specially suitable for vehicles''
must be fitted with a fire detection and alarm system.

0
117. Add Sec. 95.05-3 to read as follows:

Sec. 95.05-3 Sample extraction smoke detection systems.

(a) For vessels contracted for on or after January 18, 2017, a
sample extraction smoke detection system must be installed in
accordance with chapter 10 of the FSS Code (incorporated by reference,
see Sec. 95.01-2).
(b) Periodically, the FSS Code defers to ``the Administration.''
For U.S. flag vessels, ``the Administration'' is the United States
Coast Guard. The following requirements are provided for the provisions
of Chapter 10 that defer to the Administration:
(1) For sequential scanning systems under FSS Code, chapter 10,
paragraph 2.1.2, a satisfactory overall response time will be achieved
by limiting the maximum allowable interval to 2 minutes.
(2) Under the FSS Code, chapter 10, paragraph 2.2.2, fans of
sufficient capacity to provide a satisfactory overall response time
will signal an alarm within 3 minutes upon introduction of smoke at the
most remote accumulator on a vehicle deck and within 5 minutes upon
introduction of smoke at the most remote accumulator in container and
general cargo holds.
(3) Means provided to isolate smoke accumulators from liquid or
refrigerated cargoes must be to the satisfaction of the Commanding
Officer of the U.S. Coast Guard Marine Safety Center.
(4) Notwithstanding anything to the contrary in FSS Code chapter
10, periodic testing of sample extraction smoke detection systems must
be conducted as part of the annual inspection and include inspection of
all piping, valves, controls and alarms, and by introduction of smoke
into the accumulators.

Sec. 95.10-5 [Amended]

0
118. Amend Sec. 95.10-5 as follows:
0
a. In paragraphs (a), (c), (d), (e), and (g), remove the word ``shall''
wherever it appears and add, in its place, the word ``must'';
0
b. Revise Table 95.10-5(a);
0
c. In paragraph (b)--
0
i. After the words ``On vessels of 1,000 gross tons'', remove the words
``and over'' and add, in their place, the words ``or more'';
0
ii. After the words ``paragraph (c) of this section,'', remove the word
``shall'' and add, in its place, the word ``must''; and
0
iii. After the words ``However, in no case'', remove the word ``shall''
and add, in its place, the word ``may'';
0
iv. In paragraph (h), after the words ``propulsion machinery, where'',
remove the number ``2'' and add, in its place, the word ``two'', and
after the words ``the installation of a total flooding'', remove the
words ``carbon dioxide'' and add, in their place, the words ``fixed
fire extinguishing''.
The revision reads as follows:

Sec. 95.10-5 Fire pumps.

* * * * *

Table 95.10-5(a)--Fire Pump System Requirements
----------------------------------------------------------------------------------------------------------------
Gross tons Minimum Hose and
------------------------------------------------- number of hydrant size, Nozzle orifice Length of
Over Not over pumps inches size, inches hose, feet
----------------------------------------------------------------------------------------------------------------
100 \1\ 1 \1\ 1\1/2\ \1\ \1/2\ \1\ 50
100............................. 1,000 1 1 \1/2\ \5/8\ 50
1,000........................... 1,500 2 1 \1/2\ \5/8\ 50
1,500........................... .............. 2 \2\ 2\1/2\ \2\ \7/8\ \2\ 50
----------------------------------------------------------------------------------------------------------------
\1\ On vessels of 65 feet (19.8 meters) in length or less, \3/4\-inch hose of a good commercial grade together
with a commercial garden hose nozzle may be used. The pump may be hand operated and the length of hose must be
sufficient to assure coverage of all parts of the vessel.
\2\ A 1\1/2\ inch hose that is 75 feet (22.86 meters) in length with a \5/8\-inch nozzle may be used where
specified by Sec. 95.10-10(b) of this subpart for interior locations and 50 feet (15.24 meters) of 1\1/2\
inch hose may be used in exterior locations on vessels in other than ocean or coastwise service. For vessels
on ocean or coastwise service, two 1\1/2\ inch outlets, each provided with one 1\1/2\ inch hose supplied
through a wye connection may be substituted.

* * * * *

0
119. Amend Sec. 95.10-10 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must'';
0
b. Remove the words ``Fire hose'' or ``fire hose'' wherever they appear
and add, in their place, the word ``Firehose'' or ``firehose'';
0
c. Revise paragraph (b);
0
d. In paragraph (c), remove the words ``and over'' wherever they appear
and add, in their place, the words ``or more''; and
0
e. In paragraph (g), after the words ``at least one length of firehose,
a spanner'', add the word ``wrench''.
0
The revision reads as follows:

Sec. 95.10-10 Fire hydrants and hose.

* * * * *
(b) Instead of the 2\1/2\-in hose and hydrants specified in Table
95.10-5(a) of this subpart, on vessels of more than 1,500 gross tons:
(1) The hydrants in interior locations may have wye connections for
1\1/2\-in hoses. In these cases, the hose must be 75 ft in length, and
only one hose is required at each fire station; however, if all such
stations can be satisfactorily served with 50-ft lengths, a 50-ft hose
may be used; and
(2) The hydrants for exterior locations may substitute two 1\1/2\
in outlets, each with a 1\1/2\-in hose, supplied through a wye
connection.
* * * * *

0
120. Revise Sec. 95.30-1 to read as follows:

Sec. 95.30-1 Application.

Automatic sprinkler systems must comply with Chapter 25 of NFPA 13
(incorporated by reference, see Sec. 95.01-2).

[[Page 48264]]

0
121. Revise Sec. 95.50-1 to read as follows:

Sec. 95.50-1 Application.

(a) The provisions of this subpart, with the exception of
Sec. Sec. 95.50-80 and 95.50-90, as applicable, apply to all vessels,
other than unmanned barges and fishing vessels, contracted for on or
after November 19, 1952.
(b) Vessels contracted for prior to August 22, 2016 and on or after
November 19, 1952, must meet the requirements of Sec. 95.50-80.
(c) Vessels contracted for prior to November 19, 1952, must meet
the requirements of Sec. 95.50-90.

Sec. 95.50-5 [Removed and Reserved]

0
122. Remove and reserve Sec. 95.50-5.

0
123. Revise Sec. 95.50-10 to read as follows:

Sec. 95.50-10 Location.

(a) Approved portable fire extinguishers and semi-portable fire
extinguishing systems must be installed in accordance with Table 95.50-
10(a) of this section. The location of the equipment must be to the
satisfaction of the Officer in Charge, Marine Inspection. Nothing in
this paragraph should be construed as limiting the Officer in Charge,
Marine Inspection, from requiring such additional equipment as he or
she deems necessary for the proper protection of the vessel.
(b) Table 95.50-10(a) indicates the minimum required number and
type of extinguisher for each space listed. Extinguishers with larger
numerical ratings or multiple letter designations may be used if the
extinguishers meet the requirements of the table.

Table 95.50-10(a)--Portable Fire Extinguisher and Semi-Portable Fire
Extinguishing Systems
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Safety Areas \1\
------------------------------------------------------------------------
Wheelhouse or fire control .................... None required.
room.
Stairway and elevator .................... None required.
enclosures.
Communicating corridors..... 2-A................. 1 in each main
corridor not more
than 150 ft apart.
(May be located in
stairways.)
Lifeboat embarkation and .................... None.
lowering stations.
Radio room.................. 20-B:C \2\.......... 2 required in the
vicinity of the
exit.\2\
------------------------------------------------------------------------
Accommodations \1\
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None required.
public spaces, offices,
lockers, isolated
storerooms, pantries, open
decks, etc.
------------------------------------------------------------------------
Service Spaces \1\
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft or fraction
thereof suitable
for hazards
involved.
Paint and lamp rooms........ 40-B................ 1 outside space in
the vicinity of the
exit.
Accessible baggage, mail, 2-A................. 1 for each 2,500 sq
specie rooms, and ft or fraction
storerooms. thereof located in
the vicinity of the
exits, either
inside or outside
the spaces.
Carpenter shop and similar 2-A................. 1 outside the space
spaces. in the vicinity of
the exit.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Coal-fired boilers: Bunker .................... None required.
and boiler space.
Oil-fired boilers: Spaces 40-B................ 2 required.\3\
containing oil-fired 160-B............... 1 required.\4\
boilers, either main or
auxiliary, or their fuel-
oil units.
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower;
machinery spaces. not less than 2 but
not more than 6.\5\
120-B............... 1 required.6 7
Electric propulsive motors 40-B:C.............. 1 for each
or generators of an open propulsion motor or
type. generator unit.
Enclosed ventilating systems .................... None required.
for motors and generators
of electric propelling
machinery.
------------------------------------------------------------------------
Auxiliary Spaces
------------------------------------------------------------------------
Internal combustion or gas 40-B................ 1 outside the space
turbine. in the vicinity of
the exit.\7\
Electric emergency motors or 40-B:C.............. 1 outside the space
generators. in the vicinity of
the exit.\8\
Steam....................... .................... None required.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Cargo Spaces
------------------------------------------------------------------------
Inaccessible during voyage, .................... None required.
including trunks and cargo
tanks.
Accessible during voyage.... .................... None required.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of the
total number
required rounded
up.
40-B:C.............. 10 percent of the
total number
required rounded
up.

[[Page 48265]]

20-B:C.............. 1
------------------------------------------------------------------------
\1\ For motorboats, the total number of portable fire extinguishers
required for safety areas, accommodation spaces, and service spaces
must be one 20-B for motorboats of less than 50 GT and two 20-B
ratings for motorboats of 50 GT or more.
\2\ For vessels on an international voyage, substitute one 20-C in the
vicinity of the exit.
\3\ Vessels of less than 1,000 gross tons require one.
\4\ Vessels of less than 1,000 gross tons may substitute one 160-B.
\5\ Only one is required for motorboats.
\6\ If an oil-burning donkey boiler fitted in space, the 160-B
previously required for the protection of the boiler may be
substituted. Not required where a fixed carbon dioxide system is
installed.
\7\ Not required on vessels of less than 300 gross tons if the fuel has
a flashpoint higher than 110[emsp14][deg]F.
\8\ Not required on vessels of less than 300 gross tons.

(c) Semi-portable fire extinguishing systems must be located in the
open so as to be readily seen.
(d) If portable fire extinguishers are not located in the open or
behind glass so that they may be readily seen, they may be placed in
enclosures together with the firehose, provided such enclosures are
marked as required by Sec. 97.37-15 of this subchapter.
(e) Portable fire extinguishers and their stations must be numbered
in accordance with Sec. 97.37-23 of this subchapter.
(f) Portable or semi-portable extinguishers, which are required on
their nameplates to be protected from freezing, must not be located
where freezing temperatures may be expected.

Sec. 95.50-15 [Removed]

0
124. Remove Sec. 95.50-15.

0
125. Amend Sec. 95.50-20 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a), remove the text ``size III, IV, and V'' and add,
in its place, the text ``semi-portable'';
0
c. In paragraph (b), remove the text ``size III, IV, or V'' and add, in
its place, the text ``semi-portable''; and
0
d. Add paragraph (c).
The revision and addition read as follows:

Sec. 95.50-20 Semi-portable fire extinguishers.

* * * * *
(c) Semi-portable extinguishers must be fitted with suitable hoses
and nozzles, or other practicable means, so that all areas of the space
can be protected.

0
126. Add Sec. 95.50-80 to read as follows:

Sec. 95.50-80 Location and number of fire extinguishers required for
vessels constructed prior to August 22, 2016.

(a) Vessels contracted for prior to August 22, 2016 must meet the
following requirements:
(1) Previously installed extinguishers with extinguishing
capacities smaller than what is required in table 95.50-10(a) of this
subpart need not be replaced and may be continued in service so long as
they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(2) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.
(b) [Reserved]

PART 107--INSPECTION AND CERTIFICATION

0
127. The authority citation for part 107 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C.
3316; Department of Homeland Security Delegation No. 0170.1; Sec.
107.05 also issued under the authority of 44 U.S.C. 3507.

0
128. Revise Sec. 107.01 to read as follows:

Sec. 107.01 Purpose of subchapter.

This subchapter prescribes rules for the design, construction,
equipment, inspection and operation of mobile offshore drilling units
operating under the U.S. flag. The regulations in this subchapter
(parts 107 through 109) have preemptive effect over State or local
regulation within the same fields.

0
129. In Sec. 107.235--
0
a. Revise the section heading and paragraph (a); and
0
b. Remove Table 107.235.
The revision read as follows:

Sec. 107.235 Servicing of portable fire extinguishers, semi-portable
fire extinguishers and fixed fire extinguishing systems.

(a) Except as provided in the following paragraphs, portable and
semi-portable extinguishers must be inspected and maintained in
accordance with NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from National
Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA
02169, 617-770-3000, https://www.nfpa.org. You may inspect a copy at the
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG),
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC
20593; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(1) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(2) Monthly inspections required by NFPA 10 may be conducted by the
owner, operator, person-in-charge, or a designated member of the crew.
(3) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(4) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records has not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the

[[Page 48266]]

necessary maintenance procedures were conducted.
* * * * *

PART 108--DESIGN AND EQUIPMENT

0
130. The authority citation for part 108 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of
Homeland Security Delegation No. 0170.1.

0
131. Revise Sec. 108.101 to read as follows:

Sec. 108.101 Incorporation by reference.

(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at the U.S. Coast Guard, Office of
Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr.
Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from
the sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428, 877-909-2786, https://www.astm.org.
(1) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, IBR approved for Sec. 108.500(b).
(2) ASTM F 1014-92, Standard Specification for Flashlights on
Vessels, IBR approved for Sec. 108.497(b).
(3) ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications, (approved
March 1, 2010), IBR approved for Sec. 108.427(a).
(c) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) Resolution A.520(13), Code of Practice for the Evaluation,
Testing and Acceptance of Prototype Novel Life-saving Appliances and
Arrangements, 17 November 1983, IBR approved for Sec. 108.105(c).
(2) Resolution A.649(16), Code for the Construction and Equipment
of Mobile Offshore Drilling Units (MODU Code),19 October 1989 with
amendments of June 1991, IBR approved for Sec. 108.503.
(3) Resolution A.658(16), Use and Fitting of Retro-reflective
Materials on Life-saving Appliances, 20 November 1989, IBR approved for
Sec. Sec. 108.645(a) and 108.649(a) and (e).
(4) Resolution A.760(18), Symbols Related to Life-saving Appliances
and Arrangements, 17 November 1993, IBR approved for Sec. Sec.
108.646(a), 108.647, 108.649(b), (d), (f), and (g), and 108.655(e).
(d) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 13, Standard for the Installation of Sprinkler Systems,
2010 Edition, effective August 26, 2009, IBR approved for Sec.
108.430.
(2) [Reserved]

Sec. 108.405 [Amended]

0
132. InSec. 108.405(a)(1), after the words ``Be approved by the
Commandant'' add the words ``in accordance with 46 CFR 161.002''.
0
133. Revise Sec. 108.430 to read as follows:

Sec. 108.430 General.

Automatic sprinkler systems must comply with Chapter 25 of NFPA 13
(incorporated by reference, see Sec. 108.101).

0
134. Revise Sec. 108.491 to read as follows:

Sec. 108.491 General.

(a) Each portable and semi-portable fire extinguisher on a unit
must be approved under subpart 162.028 or 162.039 of this chapter.
(b) Vessels contracted for prior to August 22, 2016 must meet the
following requirements:
(1) Previously installed extinguishers with extinguishing
capacities smaller than what is required in Table 108.495 of this
subpart need not be replaced and may be continued in service so long as
they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(2) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.

0
135. Revise Sec. 108.495 to read as follows:

Sec. 108.495 Locations and number of fire extinguishers required.

Table 108.495 of this section indicates the minimum required number
and type of fire extinguishers for each space listed. Extinguishers
with larger numerical ratings or multiple letter designations may be
used if the extinguishers meet the requirements of the table.

Table 108.495--Carriage of Portable Fire Extinguishers
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Safety Areas
------------------------------------------------------------------------
Wheelhouse and control room. 20-B:C.............. 2 in the vicinity of
the exit.
Stairway and elevator .................... None required.
enclosure.
Corridors................... 2-A................. 1 in each corridor
not more than 150
ft (45 m) apart.
(May be located in
stairways.)
Lifeboat embarkation and .................... None required.
lowering stations.
Radio room.................. 10-B:C.............. 2 in the vicinity of
the exit.
------------------------------------------------------------------------
Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None required.
public spaces, offices,
lockers, small storerooms,
pantries, open decks, and
similar spaces.
------------------------------------------------------------------------
Service Spaces
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft (232.2 sq m) or
fraction thereof
suitable for the
hazards involved.
Paint and lamp rooms........ 40:B................ 1 outside each room
in the vicinity of
the exit.

[[Page 48267]]

Storerooms.................. 2-A................. 1 for each 2,500 sq
ft (232.2 sq m) or
fraction thereof
located in the
vicinity of the
exits, either
inside or outside
the spaces.
Workshop and similar spaces. 20B:C............... 1 outside each space
in the vicinity of
the exit.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Oil-fired boilers: Spaces 40-B................ 2 required in each
containing oil-fired space.
boilers, either main or
auxiliary, or their fuel
oil units.
160-B............... 1 required in each
space. See note 1.
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower
machinery spaces. but not less than 2
and not more than 6
in each space.
120-B............... 1 required in each
space. See note 1.
Motors or generators of 40-B:C.............. 1 for each motor or
electric propelling generator.
machinery that do not have
an enclosed ventilating
system.
Motors and generators of .................... None required.
electric propelling
machinery that have
enclosed ventilating
systems.
------------------------------------------------------------------------
Auxiliary Spaces
------------------------------------------------------------------------
Internal combustion engines 40-B................ Outside the space
or gas turbine. containing engines
or turbines in the
vicinity of the
exit.
Electric emergency motors or 40-B:C.............. 1 outside the space
generators. containing motors
or generators in
the vicinity of the
exit.
Steam driven auxiliary .................... None required.
machinery.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Miscellaneous Areas
------------------------------------------------------------------------
Helicopter landing decks.... 160-B............... 1 at each access
route.
Helicopter fueling 160-B............... 1 at each fuel
facilities. transfer facility.
See note 2.
Drill floor................. 40-B:C.............. 2 required.
Cranes with internal 40-B:C.............. 1 required.
combustion engines.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of the
total required
rounded up.
40-B:C.............. 10 percent of the
total required
rounded up.
------------------------------------------------------------------------
\1\ Not required where a fixed gas extinguishing system is installed.
\2\ Not required where a fixed foam system is installed in accordance
with Sec. 108.489 of this subpart.

0
136. In Sec. 108.496--
0
a. Revise the section heading;
0
b. In paragraph (a), remove the text ``size III, IV, and V'' and add,
in its place, the text ``semi-portable''; and after the words ``except
a wheeled'', remove the words ``size V'' and add, in their place, the
word ``semi-portable'';
0
c. In paragraph (b) introductory text, remove the word ``semiportable''
and add, in its place, the word ``semi-portable'';
0
d. In paragraph (b)(1), remove the text ``size V'';
0
e. In paragraph (b)(2), remove the text ``size III, IV, and V''; and
0
f. Add paragraph (c).
The revision and addition read as follows:

Sec. 108.496 Semi-portable fire extinguishers.

* * * * *
(c) Semi-portable extinguishers must be fitted with suitable hoses
and nozzles, or other practicable means, so that all areas of the space
can be protected.

PART 113--COMMUNICATION AND ALARM SYSTEMS AND EQUIPMENT

0
137. The authority citation for part 113 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; Department of Homeland
Security Delegation No. 0170.1.

0
138. Revise Sec. 113.05-7 to read as follows:

Sec. 113.05-7 Environmental tests.

(a) Communication, alarm system, control, and monitoring equipment,
with the exception of fire and smoke detection and alarm systems, must
meet the environmental tests of--
(1) Section 4-9-7, Table 9, of ABS Steel Vessel Rules (incorporated
by reference, see Sec. 110.10-1 of this chapter) or the applicable ENV
category of Lloyd's Register Type Approval System--Test Specification
Number 1 (incorporated by reference, see Sec. 110.10-1); and
(2) IEC 60533 (incorporated by reference, see Sec. 110.10-1 of
this chapter) as appropriate.
(b) Components of smoke detection and alarm systems must be tested
in accordance with 46 CFR 161.002.

PART 114--GENERAL PROVISIONS

0
139. The authority citation for part 114 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170.1; Sec. 114.900 also issued under 44 U.S.C.
3507.

0
140. Revise Sec. 114.100 to read as follows:

Sec. 114.100 Purpose.

The purpose of this subchapter is to implement applicable sections
of

[[Page 48268]]

Subtitle II of Title 46, United States Code, which require the
inspection and certification of small passenger vessels. The
regulations in this subchapter (parts 114 through 122) have preemptive
effect over State or local regulations within the same fields.
0
141. Amend Sec. 114.400(b) to revise the definition of the term ``Open
to the atmosphere'' to read as follows:

Sec. 114.400 Definitions of terms used in this subchapter.

* * * * *
(b) * * *
Open to the atmosphere means a compartment that has at least 0.342
square meters of open area directly exposed to the atmosphere for each
cubic meter (15 square inches for each cubic foot) of net compartment
volume.
* * * * *

0
142. Revise Sec. 114.600 to read as follows:

Sec. 114.600 Incorporation by reference.

(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the Coast Guard must publish a
notice of change in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at the U.S. Coast Guard, Office of Operating and
Environmental Standards (CG-OES), 2703 Martin Luther King Jr. Avenue
SE., Stop 7509, Washington, DC 20593-7509, and is available from the
sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite
10, Annapolis, MD 21403, 410-990-4460, https://www.abycinc.org.
(1) A-1-93--Marine Liquefied Petroleum Gas (LPG) Systems, IBR
approved for Sec. 121.240(a), (c), (d), and (g).
(2) A-3-93--Galley Stoves, IBR approved for Sec. 121.200.
(3) A-7-70--Boat Heating Systems, IBR approved for Sec. 121.200.
(4) A-22-93--Marine Compressed Natural Gas (CNG) Systems, IBR
approved for Sec. 121.240(b) through (e).
(5) H-25-94--Portable Gasoline Fuel Systems for Flammable Liquids,
IBR approved for Sec. 119.458(b).
(6) P-1-93--Installation of Exhaust Systems for Propulsion and
Auxiliary Engines, IBR approved for Sec. Sec. 116.405, 119.425(c) and
119.430(k).
(c) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060, 281-877-5800, https://ww2.eagle.org.
(1) Rules for Building and Classing Aluminum Vessels, 1975, IBR
approved for Sec. 116.300(b).
(2) Rules for Building and Classing Steel Vessels, 1995, IBR
approved for Sec. Sec. 119.410 and 120.360(a).
(3) Rules for Building and Classing Steel Vessels Under 61 Meters
(200 Feet) in Length, 1983, IBR approved for Sec. 116.300(a) and (b).
(4) Rules for Building and Classing Steel Vessels for Service on
Rivers and Intracoastal Waterways, 1995, IBR approved for Sec.
116.300(c).
(5) Guide for High Speed Craft, 1997, IBR approved for Sec.
116.300(b).
(d) American National Standards Institute (ANSI), 25 West 43rd
Street, New York, NY 10036, 212-642-4900, https://www.ansi.org.
(1) A 17.1-1984, including supplements A 17.1a and b-1985, Safety
Code for Elevators and Escalators, IBR approved for Sec. 120.540.
(2) B 31.1-1986, Code for Pressure Piping, Power Piping, IBR
approved for Sec. 119.715.
(3) Z 26.1-1977, including 1980 supplement, Safety Glazing
Materials For Glazing Motor Vehicles Operating on Land Highways, IBR
approved for Sec. 116.1030(b).
(e) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428, 877-909-2786, https://www.astm.org.
(1) ASTM B 96-93, Standard Specification for Copper-Silicon Alloy
Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure
Vessels, IBR approved for Sec. 119.440(a).
(2) ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus, IBR approved for Sec. 114.400(b).
(3) ASTM B 122/B 122M-95, Standard Specification for Copper-Nickel-
Tin Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and Copper-Nickel
Alloy Plate, Sheet, Strip, and Rolled Bar, IBR approved for Sec.
119.440(a).
(4) ASTM B 127-98, Standard Specification for Nickel-Copper Alloy
(UNS NO4400) Plate, Sheet, and Strip, IBR approved for Sec.
119.440(a).
(5) ASTM B 152-97a, Standard Specification for Copper Sheet, Strip,
Plate, and Rolled Bar, IBR approved for Sec. 119.440(a).
(6) ASTM B 209-96, Standard Specification for Aluminum and
Aluminum-Alloy Sheet and Plate, IBR approved for Sec. 119.440(a).
(7) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, IBR approved for Sec. 114.400(b).
(8) ASTM D 635-97, Standard Test Method for Rate of Burning and/or
Extent and Time of Burning of Plastics in a Horizontal Position, IBR
approved for Sec. 119.440(a).
(9) ASTM D 2863-95, Standard Test Method for Measuring the Minimum
Oxygen Concentration to Support Candle-like Combustion of Plastics
(Oxygen Index), IBR approved for Sec. 119.440(a).
(10) ASTM E 84-98, Standard Test Method for Surface Burning
Characteristics of Building Materials, IBR approved for Sec. Sec.
116.405(f), 116.422(b), and 116.423(a).
(11) ASTM E 648-97, Standard Test Method for Critical Radiant Flux
of Floor-Covering Systems Using a Radiant Heat Energy Source, IBR
approved for Sec. Sec. 114.400(b) and 116.423(a).
(12) ASTM E 662-97, Standard Test Method for Specific Optical
Density of Smoke Generated by Solid Materials, IBR approved for
Sec. Sec. 114.400(b) and 116.423(a).
(f) Institute of Electrical and Electronics Engineers, Inc. (IEEE),
IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 800-678-4333,
https://www.ieee.org.
(1) Standard 45-1977--Recommended Practice for Electrical
Installations on Shipboard, IBR approved for Sec. 120.340(o).
(2) [Reserved]
(g) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) International Convention for the Safety of Life at Sea (SOLAS),
as amended, Consolidated Edition, 2009, including Erratum, IBR approved
for Sec. 116.400(c).
(2) Resolution A.520(13), Code of Practice for the Evaluation,
Testing and Acceptance of Prototype Novel Life-Saving Appliances and
Arrangements, dated 17 November 1983, IBR approved for Sec.
114.540(c).
(3) Resolution A.658(16), Use and Fitting of Retro-Reflective
Materials on Life-Saving Appliances, dated 20 November 1989, IBR
approved for Sec. 122.604(h) and (i).
(4) Resolution A.688(17), Fire Test Procedures For Ignitability of
Bedding Components, dated 06 November 1991, IBR approved for Sec.
116.405(j).
(5) Resolution A.760(18), Symbols Related to Life-Saving Appliances
and

[[Page 48269]]

Arrangements, dated 17 November 1993, IBR approved for Sec.
122.604(f).
(h) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 115.810(b).
(2) NFPA 13, Standard for the Installation of Sprinkler Systems,
2010 Edition, effective August 26, 2009, IBR approved for Sec. Sec.
116.439(d) and (e), and 116.440(c).
(3) NFPA 17-1994, Dry Chemical Extinguishing Systems, 1994 Edition,
IBR approved for Sec. 118.425(b).
(4) NFPA 17A-1994, Wet Chemical Extinguishing Systems, 1994
Edition, IBR approved for Sec. 118.425(b).
(5) NFPA 70-1996, National Electrical Code (NEC), 1996 Edition,
(i) Section 250-95, IBR approved for Sec. 120.372(c),
(ii) Section 310-13, IBR approved for Sec. 120.340(d),
(iii) Section 310-15, IBR approved for Sec. 120.340(o),
(iv) Article 430, IBR approved for Sec. 120.320(e),
(v) Article 445, IBR approved for Sec. 120.320(d).
(6) NFPA 92B-1995, Smoke Management Systems in Malls, Atria, and
Large Areas, 1995 Edition, IBR approved for Sec. 116.440(d).
(7) NFPA 261-1994, Test For Determining Resistance of Mock-up
Upholstered Furniture Material Assemblies to Ignition by Smoldering
Cigarettes, 1994 Edition, IBR approved for Sec. Sec. 114.400(b) and
116.423.
(8) NFPA 302-1994, Pleasure and Commercial Motor Craft, Chapter 6,
1994 Edition, IBR approved for Sec. Sec. 121.200 and 121.240(a)
through (c), (e) and (g).
(9) NFPA 306-1993, Control of Gas Hazards on Vessels, 1993 Edition,
IBR approved for Sec. 115.710(a).
(10) NFPA 701-1996, Fire Tests for Flame-Resistant Textiles and
Films, 1996 Edition, IBR approved for Sec. 116.423(a).
(11) NFPA 1963-1993, Fire Hose Connections, 1993 Edition, IBR
approved for Sec. 118.320(b).
(i) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 1399, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 19, Standard for Safety for Lined Fire Hose and Hose
Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved
for 118.320(b).
(2) UL 174-1989, Household Electric Storage Tank Water Heaters, as
amended through June 23, 1994, IBR approved for Sec. 119.320(a).
(3) UL 486A-1992, Wire Connectors and Soldering Lugs For Use With
Copper Conductors, IBR approved for Sec. 120.340(i).
(4) UL 489-1995, Molded-Case Circuit Breakers and Circuit Breaker
Enclosures, IBR approved for Sec. 120.380(m).
(5) UL 595-1991, Marine Type Electric Lighting Fixtures, IBR
approved for Sec. 120.410(d).
(6) UL 710-1990, Exhaust Hoods For Commercial Cooking Equipment, as
amended through September 16, 1993, IBR approved for Sec. 118.425(a).
(7) UL 723-1993, Surface Burning Characteristics of Building
Materials, as amended through April 20, 1994, IBR approved for
Sec. Sec. 114.400(b), 116.422(b), 116.423, and 116.425.
(8) UL 1056-1989, Fire Test of Upholstered Furniture, IBR approved
for Sec. 116.423(a) and (b).
(9) UL 1058-1989, Halogenated Agent Extinguishing System Units, as
amended through April 19, 1994, IBR approved for Sec. 118.410(g).
(10) UL 1102-1992, Non integral Marine Fuel Tanks, IBR approved for
Sec. 119.440(a).
(11) UL 1104-1981, Marine Navigation Lights, as amended through May
4, 1988, IBR approved for Sec. 120.420.
(12) UL 1110-1988, Marine Combustible Gas Indicators, as amended
through May 16, 1994, IBR approved for Sec. 119.480.
(13) UL 1453-1988, Electric Booster and Commercial Storage Tank
Water Heaters, as amended through June 7, 1994, IBR approved for Sec.
119.320(a).
(14) UL 1570-1995, Fluorescent Lighting Fixtures, IBR approved for
Sec. 120.410(d).
(15) UL 1571-1995, Incandescent Lighting Fixtures, IBR approved for
Sec. 120.410(d).
(16) UL 1572-1995, High Intensity Discharge Lighting Fixtures, IBR
approved for Sec. 120.410(d).
(17) UL 1573-1995, Stage and Studio Lighting Units, IBR approved
for Sec. 120.410(d).
(18) UL 1574-1995, Track Lighting Systems, IBR approved for Sec.
120.410(d).

PART 115--INSPECTION AND CERTIFICATION

0
143. The authority citation for part 115 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
144. Amend Sec. 115.810(b)(1) by removing ``Portable Fire
Extinguishers'' from the first sentence and by adding ``(incorporated
by reference, see Sec. 114.600 of this chapter)'' to the first
sentence, after the first instance of ``NFPA 10''.

PART 116--CONSTRUCTION AND ARRANGEMENT

0
145. The authority citation for part 116 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277, Department of Homeland Security Delegation No.
0170.1.

0
146. Amend Sec. 116.400 to add paragraph (c) to read as follows:

Sec. 116.400 Application.

* * * * *
(c) Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec. 114.600), may be considered equivalent to the
provisions of this subpart.

0
147. Amend Sec. 116.440 as follows:
0
a. In paragraph (a), remove the text ``(1000 square feet) or 20%'' and
add, in its place, the text ``(1,000 square feet) or 20 percent'';
0
b. In paragraph (a)(3), remove the word ``shall'' and add, in its
place, the word ``must'';
0
c. In paragraph (b), remove the text ``Sec. 76.33'' and add, in its
place, the text ``Sec. 76.27''; and
0
d. In paragraph (c), after the words ``an automatic sprinkler system
meeting NFPA 13'', add the words ``(incorporated by reference, see
Sec. 114.600)''.

PART 118--FIRE PROTECTION EQUIPMENT

0
148. The authority citation for part 118 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
149. In Sec. 118.115--
0
a. Revise the section heading;
0
b. In paragraph (a), after the words ``Except as otherwise required by
paragraphs'', remove the words ``(b) and (c) of this section'' and add,
in their place, the words ``(b), (c), and (d) of this section''; and
0
c. Revise paragraph (d).
The revisions read as follows:

Sec. 118.115 Applicability to existing vessels.

* * * * *
(d) For vessels contracted for prior to August 22, 2016,
extinguishers with

[[Page 48270]]

extinguishing capacities smaller than what is required in Table
118.500(a) of this part need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the OCMI. All new equipment and installations must meet
the applicable requirements in this subpart for new vessels.

0
150. Revise Sec. 118.120 to read as follows:

Sec. 118.120 Equipment installed but not required.

(a) Fire extinguishing equipment installed on a vessel in excess of
the requirements of Sec. Sec. 118.400 and 118.500 must be designed,
constructed, installed, and maintained in a manner acceptable to the
Commandant.
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that:
(1) Components are listed and labeled by a nationally recognized
testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are
designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.

0
151. In Sec. 118.310--
0
a. Remove the words ``fire hose'' wherever they appear and add, in
their place, the word ``firehose''; and
0
b. Add paragraph (e) to read as follows:

Sec. 118.310 Fire main and hydrants.

* * * * *
(e) Spanner wrenches must be provided for each fire hydrant
required by this regulation. Existing vessels must comply with this
requirement by January 18, 2017.

0
152. In Sec. 118.320, revise the section heading and paragraph (b)(1)
to read as follows:

Sec. 118.320 Firehoses and nozzles.

* * * * *
(b) * * *
(1) Be lined commercial firehose that conforms to UL 19 ``Standard
for Safety for Lined Fire Hose and Hose Assemblies'' (incorporated by
reference, see Sec. 114.600 of this chapter), or hose that is listed
and labeled by an independent laboratory recognized by the Commandant
as being equivalent in performance;
* * * * *

0
153. In Sec. 118.400--
0
a. In paragraph (b)(3), remove the text ``B-II'' and add, in its place,
the text ``40-B'';
0
b. In paragraphs (b)(5)(i), (b)(5)(ii), and (b)(5)(iii), remove the
word ``shall'' and add, in its place, the word ``must'';
0
c. In paragraph (c) introductory text, after the words ``must be
equipped with a'', remove the words ``fire detecting system'' and add,
in their place, the words ``fire detection and alarm system''; and
after the words ``that is installed in accordance with'', remove the
text ``Sec. 76.27'' and add, in its place, the text ``part 76'';
0
d. In paragraph (d), remove the text ``Sec. 118.425 of this part'' and
add, in its place, the text '' Sec. 118.425'';
0
e. Revise paragraph (e);
0
f. In paragraph (f), after the words ``a manual alarm system that meets
the requirements in'', remove the text ``Sec. 76.35'' and add, in its
place, the text ``part 76'';
0
g. Revise paragraph (g); and
0
h. In paragraph (h), after the words ``that meets the requirements
of'', remove the text ``Sec. 76.23'' and add, in its place, the text
``part 76''.
The revisions read as follows:

Sec. 118.400 Where required.

* * * * *
(e) Except for continuously manned operating stations as allowed by
paragraph (f) of this section, each accommodation space, control space,
and service space must be fitted with the following systems:
(1) A smoke actuated fire detection system of a type approved by
the Commandant that is installed in accordance with 46 CFR part 76; and
(2) A manual alarm system that meets the requirements in 46 CFR
part 76.
* * * * *
(g) An enclosed vehicle space must be fitted with an automatic
sprinkler system that meets the requirements of 46 CFR part 76; and
(1) A fire detection system of a type approved by the Commandant
that is installed in accordance with 46 CFR part 76; or
(2) A smoke detection system of a type approved by the Commandant
that is installed in accordance with 46 CFR part 76.

Sec. 118.410 [Amended]

0
154. Amend Sec. 118.410 as follows:
0
a. In paragraph (f)(5)(i), after the words ``must be equal to the gross
volume of the system'', add the words ``in cubic meters''; remove the
number ``160'' and add, in its place, the number ``0.624''; remove the
number ``192'' and add, in its place, the number ``0.749''; and
0
b. In paragraph (f)(6)(i), remove the number ``480'' and add, in its
place, the number ``1.88''.

0
155. Revise Sec. 118.500 to read as follows:

Sec. 118.500 Required number, type, and location.

(a) Each portable fire extinguisher on a vessel must be of a type
approved by the Commandant. The minimum number of portable fire
extinguishers required on a vessel must be acceptable to the cognizant
OCMI, but must be not less than the minimum number required by Table
118.500(a) of this section and other provisions of this section.
(b) Table 118.500(a) of this section indicates the minimum required
number and type of extinguisher for each space listed. Extinguishers
with larger numerical ratings or multiple letter designations may be
used if the extinguishers meet the requirements of the table.

Table 118.500(a)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Operating station........... 10-B:C.............. 1.
Machinery space............. 40-B:C.............. 1 in the vicinity of
the exit.
Open vehicle deck........... 40-B................ 1 for every 10
vehicles.
Accommodation space......... 2-A................. 1 each for each
2,500 sq ft or
fraction thereof.
Galley...................... 40-B:C.............. 1.
Pantry, concession stand.... 2-A................. 1 in the vicinity of
the exit.
------------------------------------------------------------------------

[[Page 48271]]

(c) A vehicle deck without a fixed sprinkler system and exposed to
weather must have one 40-B portable fire extinguisher for every 10
vehicles, located near an entrance to the space.
(d) The frame or support of each semi-portable fire extinguisher
permitted by paragraph (c) of this section must be welded or otherwise
permanently attached to a bulkhead or deck.

PART 122--OPERATIONS

0
156. The authority citation for part 122 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

0
157. Amend Sec. 122.612 as follows:
0
a. Revise paragraphs (d) and (e);
0
b. Remove paragraph (g);
0
c. Redesignate paragraph (h) as new paragraph (g); and
0
d. In newly redesignated paragraph (g), after the words ``or as
otherwise required by the'', remove the word ``cognizant''; and
following after the words ``installed, that agent'' remove the word
``shall'' and add, in its place, the word ``must''.
The revisions read as follows:

Sec. 122.612 Fire protection equipment.

* * * * *
(d) A manual fire alarm pull station must be conspicuously marked
as such in clearly legible letters, and include brief, clear
instructions for operation.
(e) An indicator for a fire detection and alarm system must be
conspicuously marked in clearly legible letters ``FIRE ALARM''.
* * * * *

PART 125--GENERAL

0
158. The authority citation for part 125 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; sec.
617, Pub. L. 111-281, 124 Stat. 2905; Department of Homeland
Security Delegation No. 0170.1.

0
159. In Sec. 125.100, revise paragraph (f) to read as follows:

Sec. 125.100 Applicability.

* * * * *
(f) The regulations in this subchapter have preemptive effect over
State or local regulations in the same field.
* * * * *

0
160. In Sec. 125.180, revise paragraphs (i)(2), (j) introductory text,
and (j)(1) to read as follows:

Sec. 125.180 Incorporation by reference.

* * * * *
(i) * * *
(2) NFPA 70, National Electrical Code, 2011 Edition, IBR approved
for Sec. Sec. 129.320(e), 129.340(d) and (n), and 129.370(c).
* * * * *
(j) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 19, Standard for Safety for Lined Fire Hose and Hose
Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved
for Sec. 132.130.
* * * * *

PART 132--FIRE-PROTECTION EQUIPMENT

0
161. The authority citation for part 132 continues to read as follows:

Authority: 46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124
Stat. 2905; Department of Homeland Security Delegation No. 0170.1.

Sec. 132.210 [Removed]

0
162. Remove Sec. 132.210.

0
163. Amend Sec. 132.220 as follows:
0
a. In paragraph (a), remove the word ``semiportable'' and add, in its
place, the word ``semi-portable'';
0
b. Revise Table 132.220;
0
c. Redesignate paragraphs (b) through (f) as paragraphs (c) through
(g), respectively;
0
d. Add new paragraph (b);
0
e. In newly redesignated paragraphs (c) and (g), remove the word
``semiportable'' wherever it appears and add, in its place, the word
``semi-portable''; and
0
f. In newly redesignated paragraph (e), remove the words ``fire hose''
and add, in their place, the word ``firehose''.
The revision and addition read as follows:

Sec. 132.220 Installation.

* * * * *

Table 132.220--Required Portable and Semi-Portable Fire Extinguishers
------------------------------------------------------------------------
Minimum required
Space rating Number and placement
------------------------------------------------------------------------
Safety areas: Communicating 2-A................. 1 in each main
passageways. passageway, not
more than 45.7 m
(150 ft) apart
(permissible in
stairways).
Pilothouse.................. 20-B:C.............. 2 in the vicinity of
the exit.
Service spaces: Galleys..... 40-B:C.............. 1 for each 230 sq m
(2,500 sq ft) or
fraction thereof,
suitable for
hazards involved.
Paint lockers............... 40-B................ 1 outside space, in
the vicinity of the
exit.
Accessible baggage and 2-A................. 1 for each 230 sq m
storerooms. (2,500 sq ft) or
fraction thereof,
located in the
vicinity of the
exits, either
inside or outside
spaces.
Workshops and similar spaces 2-A................. 1 outside space in
the vicinity of the
exit.
Machinery spaces: Internal- 40-B:C.............. 1 for each 1,000
combustion propulsion- brake horsepower,
machinery. but not fewer than
2 and more than 6.
120-B............... 1 required.1 2
Electric propulsion motors 40-B:C.............. 1 for each
or generators of open type. propulsion motor or
generator unit.
Auxiliary spaces: Internal 40-B................ 1 outside space in
combustion. the vicinity of the
exit.\2\
Electric motors and 40-B:C.............. 1 outside space in
emergency generators. the vicinity of the
exit.\2\
Spares...................... 2-A................. 10 percent of the
required number
rounded up.
40-B:C.............. 10 percent of the
required number
rounded up.
------------------------------------------------------------------------
\1\ Not required where a fixed gaseous fire extinguishing system is
installed.
\2\ Not required on vessels of less than 300 GT.

(b) Table 132.220 of this section indicates the minimum required
number and type of extinguishers for each space listed. Extinguishers
with larger numerical ratings or multiple letter designations may be
used if the extinguishers meet the requirements of the table.
* * * * *

[[Page 48272]]

Sec. 132.230 [Removed and Reserved]

0
164. Remove and reserve Sec. 132.230.
0
165. Revise Sec. 132.240 to read as follows:

Sec. 132.240 Stowage of semi-portable fire extinguishers.

The frame or support of each semi-portable fire extinguisher must
be secured to prevent the extinguisher from shifting in heavy weather.

0
166. Add Sec. 132.250 to subpart B to read as follows:

Sec. 132.250 Locations and number of fire extinguishers required for
vessels constructed prior to August 22, 2016.

Vessels contracted for prior to August 22, 2016, must meet the
following requirements:
(a) Previously installed extinguishers with extinguishing
capacities smaller than are required in Table 132.220 of this subpart
need not be replaced and may be continued in service so long as they
are maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.

0
167. Revise Sec. 132.340 to read as follows:

Sec. 132.340 Equipment installed although not required.

(a) A vessel may install fire extinguishing equipment beyond that
required by this subchapter, unless the excess equipment in any way
endangers the vessel or the persons aboard. This equipment must be
listed and labeled by an independent, nationally recognized testing
laboratory (NRTL) as that term is defined in 46 CFR 161.002-2, and must
be designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance.
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment, provided that:
(1) Components are listed and labeled by an NRTL as that term is
defined in 46 CFR 161.002-2, and are designed, installed, tested, and
maintained in accordance with an appropriate industry standard and the
manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.

PART 147--HAZARDOUS SHIPS' STORES

0
168. The authority citation for part 147 continues to read as follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
169. Amend Sec. 147.1 by revising the section heading and paragraph
(d) to read as follows:

Sec. 147.1 Purpose and applicability.

* * * * *
(d) The regulations in this subchapter (46 CFR parts 147, 147A, and
148) have preemptive effect over State or local regulations in the same
field.

0
170. In Sec. 147.7--
0
a. Redesignate paragraphs (d) through (f), as paragraphs (e) through
(g), respectively;
0
b. Add new paragraph (d); and
0
c. Revise redesignated paragraphs (e), (f), and (g).
The addition and revisions read as follows:

Sec. 147.7 Incorporation by reference.

* * * * *
(d) Compressed Gas Association, Inc. (CGA), 14501 George Carter
Way, Suite 103, Chantilly, Virginia 20151, 703-788-2700, https://www.cganet.com.
(1) CGA C-6-2007, Standards for Visual Inspection of Steel
Compressed Gas Cylinders, Tenth Edition, 2007, IBR approved for Sec.
147.65(b).
(2) [Reserved]
(e) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems,
2008 Edition, IBR approved for Sec. Sec. 147.66(c) and 147.67(c).
(2) NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems,
2009 Edition, effective July 18, 2008, IBR approved for Sec.
147.65(b).
(f) Public Health Service (PHS), Department of Health and Human
Services (DHHS), Superintendent of Documents, U.S. Government Printing
Office, 710 North Capitol Street NW., Washington, DC 20401, 866-512-
1800, https://www.gpo.gov.
(1) DHHS Publication No. PHS 84-2024, The Ship's Medicine Chest and
Medical Aid at Sea, revised 1984, IBR approved for Sec. 147.105.
(2) [Reserved]
(g) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 30, Standard for Metal Safety Cans, 7th Ed., revised March
3, 1987, (``UL 30''), IBR approved for Sec. 147.45(f).
(2) UL 1185, Standard for Portable Marine Fuel Tanks, Second
Edition, revised July 6, 1984, (``UL 1185''), IBR approved for Sec.
147.45(f).
(3) UL 1313, Standard for Nonmetallic Safety Cans for Petroleum
Products, 1st Ed., revised March 22, 1985, (``UL 1313''), IBR approved
for Sec. 147.45(f).
(4) UL 1314, Standard for Special-Purpose Containers, 1st Ed.,
revised February 7, 1984, (``UL 1314''), IBR approved for Sec.
147.45(f).

0
171. Revise Sec. 147.65 to read as follows:

Sec. 147.65 Carbon dioxide and Halon fire extinguishing systems.

(a) Carbon dioxide cylinders forming part of a fixed fire
extinguishing system must be maintained as follows:
(1) Cylinders must be retested at least every 12 years. If a
cylinder is discharged and more than 5 years have elapsed since the
last test, it must be retested before recharging.
(2) Carbon dioxide cylinders must be rejected for further service
when they:
(i) Leak;
(ii) Are dented, bulging, severely corroded, or otherwise in a
weakened condition;
(iii) Have lost more than 5 percent of their tare weight; or
(iv) Have been involved in a fire.
(3) Cylinders which have contained gas agents for fixed fire
extinguishing systems and have not been tested within 5 years must not
be used to contain another compressed gas onboard a vessel, unless the
cylinders are retested and re-marked in accordance with Sec.
147.60(a)(3) and (4).
(4) Flexible connections between cylinders and distribution piping
of semi-portable or fixed carbon dioxide fire extinguishing systems and
discharge hoses in semi-portable carbon dioxide fire extinguishing
systems must be replaced or tested at a pressure of 6.9 MPa (1,000
psig). At test pressure, the pressure must not drop at a rate greater
than 1.03 MPa (150 psi) per minute for a 2-minute period. The test must
be performed when the cylinders are retested.
(b) Halon cylinders forming part of a fixed fire extinguishing
system must be maintained as follows:
(1) The agent weight must be ascertained annually by one of the
methods identified in paragraphs (b)(2) through (b)(4) of this section.
Measured weights or liquid levels must be recorded and compared with
the recommended fill levels and previous readings. If cylinder weight
or liquid

[[Page 48273]]

level, adjusted for temperature, shows a 5 percent loss of pressure,
the cylinder must be refilled. If cylinder pressure, adjusted for
temperature, shows a 10 percent loss of pressure, the cylinders must be
refilled.
(2) The cylinders may be removed from the mounting racks and
weighed.
(3) The contents of cylinders fitted with integral floating
dipstick liquid level indicators may be measured with the dipstick
indicator.
(4) With approval of the cognizant Officer in Charge, Marine
Inspection (OCMI), liquid level indication measures such as ultrasonic/
audio gauging or radioisotope gauging may be used, provided that all of
the following conditions are met:
(i) Measurement equipment is calibrated for the cylinder wall
thickness and Halon liquid.
(ii) Calibration is verified by weighing the cylinders that
indicate the lowest levels of Halon in each release group, but in no
case less than 10 percent of the inspected cylinders in each release
group.
(iii) The acceptable liquid level is identified by the original
system installer or coincides with all other cylinder liquid levels of
the same release group.
(iv) Measurements are made by personnel skilled in ultrasonic/audio
gauging or radioisotope gauging techniques.
(5) Effective 12 years after commissioning of the system or 5 years
after the last hydrostatic test, whichever is later, the following
inspections must be completed every 5 years:
(i) Cylinders continuously in service without discharging must be
removed from mounting racks and given a complete external visual
inspection. The inspection must be conducted in accordance with the CGA
Pamphlet C-6 (incorporated by reference, see Sec. 147.7).
(ii) The volume of agent must be ascertained either by removing and
weighing the cylinder or by floating liquid level indicators, integral
with the cylinder construction, taking into account adjustments
necessary for cylinder temperature and pressure.
(6) Flexible connections between cylinders and distribution piping
of fixed Halon fire extinguishing systems must be:
(i) Visually inspected for damage, corrosion, or deterioration
every year and replaced if found unserviceable; and
(ii) Inspected and tested in accordance with NFPA 12A, paragraph
6.3.1 (incorporated by reference, see Sec. 147.7) except that
hydrostatic testing must be performed every 12 years instead of every 5
years.
(7) During any inspection, cylinders must be removed from service
if they:
(i) Leak;
(ii) Are dented, bulging, severely corroded, or otherwise in a
weakened condition; or
(iii) Have been involved in a fire.
(c) Cylinders that have contained carbon dioxide or Halon and have
not been tested within 5 years must not be used to contain another
compressed gas onboard a vessel, unless the cylinder is retested and
re-marked in accordance with Sec. 147.60(a)(3) and (4).

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

0
172. The authority citation for part 159 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46; Section
159.001-9 also issued under the authority of 44 U.S.C. 3507.

0
173. Add Sec. 159.001-1(b) to read as follows:

Sec. 159.001-1 Purpose.

* * * * *
(b) The regulations in this subchapter (parts 159 through 164) have
preemptive effect over State or local regulations in the same field.

0
174. Amend Sec. 159.001-3 to add the definitions of ``Marine Equipment
Directive (MarED)'' and ``Mutual Recognition Agreement (MRA)'', in
alphabetical order, as follows:

Sec. 159.001-3 Definitions.

* * * * *
Marine Equipment Directive (MarED) means the European Community
Council Directive 96/98/EC of December 20, 1996 on marine equipment, as
amended.
* * * * *
Mutual Recognition Agreement (MRA) means an agreement between the
United States and other Maritime Administrations or organized
associations, such as the European Community and the European Free
Trade Association that specifies equipment approval and monitoring
processes through which parties of the MRA agree to approve equipment
on behalf of all parties. An MRA allows reciprocal approval and
acceptance of equipment between all parties.
* * * * *

0
175. Revise Sec. 159.001-4 to read as follows:

Sec. 159.001-4 Incorporation by reference.

(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the U.S. Coast Guard, Office of Design and Engineering
Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop
7509, Washington, DC 20593-7509, and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) Resolution A.739(18), Guidelines for the Authorization of
Organizations Acting on Behalf of the Administration, November 22,
1993, IBR approved for Sec. 159.001-3.
(2) [Reserved]
(c) International Organization for Standardization, ISO Central
Secretariat BIBC II, Chemin de Blandonnet 8, CP 401, 1214 Vernier,
Geneva, Switzerland, +41 22 749 01 11, https://www.iso.org.
(1) ISO/IEC 17025:2005(E), International Standard: General
requirements for the competence of testing and calibration
laboratories, Second edition, 15 May 2005 (``ISO/IEC 17025''), IBR
approved for Sec. 159.010-3(a).
(2) [Reserved]
0
176. Add subpart 159.003 to read as follows:
Subpart 159.003--Approvals Under Mutual Recognition Agreements (MRA)
Sec.
159.003-1 Purpose.
159.003-3 Acceptance of foreign approvals under a Mutual Recognition
Agreement (MRA).
159.003-5 Approval by the Coast Guard under a Mutual Recognition
Agreement (MRA).
159.003-7 Multiple approval numbers.
159.003-9 Products covered by Mutual Recognition Agreement (MRAs).

Subpart 159.003--Approvals Under Mutual Recognition Agreements
(MRA)

Sec. 159-003-1 Purpose.

This subpart contains the procedures for obtaining Coast Guard
approval under a Mutual Recognition Agreement.

Sec. 159-003-3 Acceptance of foreign approvals under a Mutual
Recognition Agreement (MRA).

A Coast Guard approval issued by a foreign authority in accordance
with the

[[Page 48274]]

provisions of an effective MRA is acceptable for any application where
the regulations in this chapter require Coast Guard approval.

Sec. 159-003-5 Approval by the Coast Guard under a Mutual Recognition
Agreement (MRA).

(a) Manufacturers must specify in writing that foreign approval
under an MRA is requested.
(b) The Coast Guard Certificate of Approval will clearly identify
as specified in the MRA that the product is approved to the foreign
requirements under the MRA.

Sec. 159-003-7 Multiple approval numbers.

A product will not be issued a Coast Guard approval number by the
Coast Guard if it already holds a Coast Guard approval number issued by
a foreign authority under a Mutual Recognition Agreement.

Sec. 159-003-9 Products covered by Mutual Recognition Agreements
(MRAs).

A complete list of equipment and materials approved by the Coast
Guard under an MRA, as well as detailed information on marking and
identifying items approved by foreign authorities under an MRA, is
available online at https://cgmix.uscg.mil/Equipment/Default.aspx.
0
177. Amend Sec. 159.010-3 by revising paragraph (a)(2) to read as
follows:

Sec. 159.010-3 Independent laboratory: Standards for acceptance.

(a) * * *
(2) Possess or have access to the apparatus, facilities, personnel,
and calibrated instruments that are necessary to inspect and test the
equipment or material under the applicable subpart. In addition, for
testing conducted on or after July 1, 2012, on equipment subject to
SOLAS requirements, they must have ISO/IEC 17025 (incorporated by
reference, see Sec. 159.001-4) accreditation from an accreditation
body that is a full member of the International Laboratory
Accreditation Cooperation (ILAC) or a recognized accreditation body by
the National Cooperation for Laboratory Accreditation (NACLA);
* * * * *

PART 160--LIFESAVING EQUIPMENT

0
178. The authority citation for part 160 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234; 45
FR 58801; 3 CFR, 1980 Comp., p. 277; and Department of Homeland
Security Delegation No. 0170.1.

Subpart 160.900 [Removed]

0
179. Remove subpart 160.900.

PART 161--ELECTRICAL EQUIPMENT

0
180. The authority citation for part 161 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

Subpart 161.002--Fire Detection Systems

0
181. Revise the heading for subpart 161.002 to read as set forth above.

0
182. Revise Sec. 161.002-1 to read as follows:

Sec. 161.002-1 Incorporation by reference.

(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the U.S. Coast Guard, Lifesaving and Fire Safety Division
(CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509,
Washington, DC 20593-7509, and is available from the sources listed
below. It is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) FM Global, 1151 Boston-Providence Turnpike, P.O. Box 9102,
Norwood, MA 02062, 781-762-4300, https://www.fmglobal.com.
(1) ANSI/FM Approvals 3260, American National Standard for Radiant
Energy-Sensing Fire Detectors for Automatic Fire Alarm Signaling,
February 2004 (``ANSI/FM 3260''), IBR approved for Sec. 161.002-6(b).
(2) [Reserved]
(c) International Electrotechnical Commission (IEC), 3, rue de
Varembe, P.O. Box 131, CH-1211 Geneva 20--Switzerland, +41 22 919 02
11, https://www.iec.ch.
(1) IEC 60092-504:2001(E), Electrical Installations in Ships--Part
504: Special Features--Control and Instrumentation, Third edition,
March 2001, IBR approved for Sec. 161.002-6(c) and (d), and Sec.
161.002-15(d).
(2) [Reserved]
(d) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) FSS Code, International Code for Fire Safety Systems, Second
Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for Sec.
161.002-15(b).
(2) [Reserved]
(e) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
effective August 26, 2009 (``NFPA 72''), IBR approved for Sec.
161.002-10(b).
(2) [Reserved]
(f) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 38, Standard for Safety for Manual Signaling Boxes for Fire
Alarm Systems, Eighth Edition, dated July 3, 2008, as amended through
December 11, 2008, IBR approved for Sec. 161.002-6(b).
(2) UL 268, Standard for Safety for Smoke Detectors for Fire Alarm
Systems, Sixth Edition, dated August 14, 2009, IBR approved for Sec.
161.002-6(b).
(3) UL 464, Standard for Safety for Audible Signal Appliances,
Ninth Edition, dated April 14, 2009, as amended through April 16, 2012,
IBR approved for Sec. 161.002-6(b).
(4) UL 521, Standard for Safety for Heat Detectors for Fire
Protective Signaling Systems, Seventh Edition, dated February 19, 1999,
as amended through October 3, 2002, IBR approved for Sec. 161.002-
6(b).
(5) UL 864, Standard for Safety for Control Units and Accessories
for Fire Alarm Systems, Ninth Edition, dated September 30, 2003, as
amended through January 12, 2011, IBR approved for Sec. Sec. 161.002-
6(b) and 161.002-15(d).
(6) UL 1480, Standard for Safety for Speakers for Fire Alarm,
Emergency, and Commercial and Professional Use, Fifth Edition, dated
January 31, 2003, as amended through June 23, 2010, IBR approved for
Sec. 161.002-6(b).
(7) UL 1971, Standard for Safety for Signaling Devices for the
Hearing Impaired, Third Edition, approved November 29, 2002, as amended
through October 15, 2008, IBR approved for Sec. 161.002-6(b).

0
183. Revise Sec. 161.002-2 to read as follows:

Sec. 161.002-2 Definitions.

In this subpart, the term--
Device means individual components (e.g. detectors, control panels,
alarms, etc.) that are used to comprise a fire detection system.
Devices may receive Coast Guard approval in accordance with Sec.
161.002-19.

[[Page 48275]]

Fire detection or fire detection and alarm systems system means a
complete detection system that is designed to give warning of the
presence of fire or smoke in the protected spaces. A complete system
includes normal and emergency power supplies, control units, remote
annunciator panels, fire detectors and/or smoke detectors, manual pull
stations, and audible and visual alarms, which are distinct from the
alarms of any other system not indicating fire.
Listed means equipment or materials included in a list published by
an organization that is an accepted independent laboratory, as defined
in 46 CFR 159.010, or a nationally recognized testing laboratory, as
set forth in 29 CFR 1910.7, whose listing states that either the
equipment or material meets appropriate designated standards.
Nationally recognized testing laboratory (NRTL) means an
organization that the Occupational Safety and Health Administration
(OSHA) has recognized as meeting the requirements in 29 CFR 1910.7.
These requirements are for the capability, control programs, complete
independence, and reporting and complaint-handling procedures to test
and certify specific types of products for workplace safety. This
means, in part, that an organization must have the necessary capability
both as a product safety testing laboratory and as a product
certification body to receive OSHA recognition as an NRTL.
Sample extraction smoke detection systems means systems that
collect and analyze air samples from protected spaces in order to
detect products of combustion. A complete system includes a control
unit, a blower box, accumulators, and a piping system with associated
fittings.

Sec. 161.002-3 [Removed and Reserved]

0
184. Remove and reserve Sec. 161.002-3.

0
185. Revise Sec. 161.002-4 to read as follows:

Sec. 161.002-4 General requirements.

(a) The purpose of fire detection systems is to give warning of the
presence of fire in the protected spaces. To meet this end, the basic
requirements of these systems are reliability, sturdiness, simplicity
of design, ease of servicing, and the ability to withstand shipboard
shock and vibration and the adverse effects of sea humidity. All fire
detection systems must be designed, constructed, tested, marked, and
installed according to the applicable standards as incorporated by
reference in Sec. 161.002-1 and 46 CFR chapter I, subchapter J
(Electrical Engineering) of this chapter.
(b) Approvals for detection systems issued before July 22, 2017
will remain valid until July 22, 2021.
(c) Detection systems installed, with a valid approval, before July
22, 2021 may be maintained onboard vessels and repaired as indicated in
46 CFR 76.27-80(d).

0
186. Add Sec. 161.002-6 to read as follows:

Sec. 161.002-6 Testing Requirements.

(a) Devices must be tested and listed for fire service by an
accepted independent laboratory, as accepted in accordance with Sec.
159.010 of this subchapter, or by a NRTL as set forth in 29 CFR 1910.7.
(b) Each fire detection device must comply with the following
standards (incorporated by reference, see Sec. 161.002-1) as
appropriate:
(1) Control units--UL 864;
(2) Heat detectors--UL 521;
(3) Smoke detectors--UL 268;
(4) Flame detectors--ANSI/FM 3260;
(5) Audible alarms--UL 464 or UL 1480;
(6) Visual alarms--UL 1971; and
(7) Manual Signaling Boxes--UL 38.
(c) All devices must be tested by an accepted independent
laboratory, as defined in Sec. 159.010 of this subchapter, to meet the
marine environment testing requirements in Table 161.002-6(c) of this
section. The test parameters are found in IEC 60092-504 (incorporated
by reference, see Sec. 161.002-1).

Table 161.002-6(c)--Marine Environmental Testing Requirements
----------------------------------------------------------------------------------------------------------------
Category 1 Category 2 Category 3
--------------------------------------------------------
Spaces containing
IEC 60092-504 Environmental type test All spaces not Open deck or open navigation or
Category 2 or 3 to weather communication
equipment
----------------------------------------------------------------------------------------------------------------
1--Visual inspection................................... X X X
2--Functional test..................................... X X X
3--High voltage test................................... X X X
4a--Power supply variations............................ X X X
4b--Power supply failure............................... X X X
5--Insulation resistance............................... X X X
6--Cold with gradual temp. change...................... X (5 [deg]C) X (-25 [deg]C) X (5 [deg]C)
7--Dry heat with gradual temp. change.................. X (55 [deg]C) X (55 [deg]C) X (55 [deg]C)
8--Damp heat, cyclic................................... X X X
9--Salt mist........................................... ................. X
10--Vibration (sinusoidal)............................. X X X
11b--Inclination, dynamic.............................. \1\ X \1\ X \1\ X
13--Electrostatic discharge............................ X X X
14--Electromagnetic field.............................. X X X
15--Conducted low frequency............................ X X X
16(a)--Conducted radio frequency (3 V rms)............. X
16(b)--Conducted radio frequency (10 V rms)............ ................. X X
17--Burst/fast transients.............................. X X X
18--Surge/slow transients.............................. X X X
19(a)--Radiated emission (general power)............... X
19(b)--Radiated emission (bridge and deck zone)........ ................. X X
20(a)--Conducted emission (general power).............. X
20(b)--Conducted emission (bridge and deck zone)....... ................. X X
----------------------------------------------------------------------------------------------------------------
\1\ This test only needs to be completed if the device is in a location with moving mechanical parts.

[[Page 48276]]

(d) All fire detection system control units and remote annunciators
must have enclosure protection as outlined in part 5 of IEC 60092-504
(incorporated by reference, see Sec. 161.002-1) if the requirements
exceed those of 46 CFR 111.01-9. Otherwise, 46 CFR 111.01-9 must be
complied with.

0
187. Revise Sec. 161.002-8(a) to read as follows:

Sec. 161.002-8 Fire detection systems, general requirements.

(a) General. A fire detection system must consist of a power
supply; a control unit on which visible and audible fire and trouble
signaling indicators are located; fire and/or smoke detectors; and fire
and/or smoke detector circuits, as required, originating from the
control unit. Power failure alarm devices may be separately housed from
the control unit and may be combined with other power failure alarm
systems when specifically approved.
* * * * *

0
188. Revise Sec. 161.002-9 to read as follows:

Sec. 161.002-9 Fire detection system, power supply.

The power supply for a fire detection system must meet the
requirements of Sec. 113.10-9 of this chapter.

0
189. Revise Sec. 161.002-10 to read as follows:

Sec. 161.002-10 Fire detection system control unit.

(a) General. The fire detection system control unit must meet the
requirements of Sec. 111.01-9 of this chapter.
(b) Electrical supervision--Circuits. The circuits must comply with
Chapter 23 of NFPA 72 (incorporated by reference, see Sec. 161.002-1),
and must be Class A or Class X pathway.

Sec. 161.002-12 [Removed]

0
190. Remove Sec. 161.002-12.

Sec. 161.002-14 [Removed]

0
191. Remove Sec. 161.002-14.

0
192. Revise Sec. 161.002-15 to read as follows:

Sec. 161.002-15 Sample extraction smoke detection systems.

(a) General. The sample extraction smoke detection system must
consist of a means for continuously exhausting an air sample from the
protected spaces and testing the air for contamination with smoke,
together with visual and audible alarms for indicating the presence of
smoke.
(b) Design. The sample extraction smoke detection system must be
designed and capable of being installed in accordance with 46 CFR
chapter I, subchapter J (Electrical Engineering) and the FSS Code
(incorporated by reference, see Sec. 161.002-1).
(c) Power supply. The power supply for the sample extraction smoke
detection system must meet the requirements of Sec. 113.10-9 of this
chapter.
(d) Control unit standards. The control unit must be listed by
either a NRTL as set forth in 29 CFR 1910.7 or an independent
laboratory that is accepted by the Commandant under part 159 of this
chapter. The listing must be to the standards specified in UL 864 and
tested to the parameters found in IEC 60092-504 (both incorporated by
reference, see Sec. 161.002-1).

0
193. Amend Sec. 161.002-18 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a) introductory text, remove the text ``(CG-ENG)'' and
add, in its place, the text ``(CG-ENG-4)'';
0
c. In paragraph (a)(2), after the words ``including information
concerning installation,'', add the words ``maintenance,
limitations,'';
0
d. Revise paragraph (a)(3);
0
e. Redesignate paragraph (a)(4) as paragraph (a)(5);
0
f. Add new paragraph (a)(4);
0
g. In newly redesignated paragraph (a)(5) introductory text, remove the
word ``annunicator'' and add, in its place, the word ``annunciator'';
0
h. In paragraph (c), remove the word ``shall'' and add, in its place,
the word ``must''; and after the words ``in paragraphs'' remove the
text ``(a)(4)(i) through (a)(4)(iii)'' and add, in its place, the text
``(a)(5)(i) through (a)(5)(iii)'';
0
i. In paragraph (d)(2), after the word ``paragraph'', remove the text
``(a)(4)'' and add, in its place, the text ``(a)(5)'';
0
j. In paragraph (d)(3), remove the words ``for the testing and listing
or certification of fire-protective systems indicating compliance with
the standards and compatibility with the system'' and add, in their
place, the words ``, or an NRTL as set forth in 29 CFR 1910.7 to
document compliance with Sec. 161.002-6''; and
0
k. In paragraph (e), after the words ``in paragraphs'' remove the text
``(a)(4)(i) through (a)(4)(iii)'' and add, in its place, the text
``(a)(5)(i) through (a)(5)(iii)''.
The revisions and addition read as follows

Sec. 161.002-18 System method of applications for type approval.

(a) * * *
(3) Proof of listing the system devices meeting the requirements of
Sec. 161.002-4(b)(2).
(4) One copy of the complete test report(s) meeting the
requirements of Sec. 161.002-6 generated by an independent laboratory
accepted by the Commandant under part 159 of this chapter or an NRTL as
set forth in 29 CFR 1910.7. A current list of Coast Guard accepted
laboratories may be obtained from the following Web site: https://cgmix.uscg.mil/eqlabs/.
* * * * *

0
194. Add Sec. 161.002-19 to read as follows:

Sec. 161.002-19 Device method of application for type approval.

(a) The manufacturer must submit the following material to
Commandant (CG-ENG-4), U.S. Coast Guard Headquarters, 2703 Martin
Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509 or
they may electronically submit material to typeapproval@uscg.mil:
(1) A formal written request that the device be reviewed for
approval.
(2) Three copies of the device's instruction manual, including
information concerning installation, maintenance, limitations,
programming, operation, and troubleshooting.
(3) Proof of listing the device meeting the requirements of Sec.
161.002-4(b)(2).
(4) One copy of the complete test report(s) meeting the
requirements of Sec. 161.002-6 generated by an independent laboratory
accepted by the Commandant under part 159 of this chapter or an NRTL as
set forth in 29 CFR 1910.7. A current list of Coast Guard accepted
laboratories may be obtained from the following Web site: https://cgmix.uscg.mil/eqlabs/.
(b) To apply for a revision, the manufacturer must submit--
(1) A written request under paragraph (a) of this section;
(2) Updated documentation under paragraph (a)(2) of this section;
(3) Proof of listing the device meeting the requirements of Sec.
161.002-4(b)(2); and
(4) A report by an independent laboratory accepted by the
Commandant under part 159 of this chapter or an NRTL as set forth in 29
CFR 1910.7 is required to document compliance with Sec. 161.002-6.
(c) If the Coast Guard approves the device or a revision to a
device, it issues a Certificate of Approval, normally valid for a 5-
year term.

PART 162--ENGINEERING EQUIPMENT

0
195. The authority citation for part 162 continues to read as follows:

Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p.

[[Page 48277]]

351; Department of Homeland Security Delegation No. 0170.1.

Subpart 162.027--Combination Firehose Nozzles

0
196. Revise the heading for subpart 162.027 to read as set forth above.

0
197. Redesignate Sec. Sec. 162.027-1, 162.027-2, and 162.027-3 as
Sec. Sec. 162.027-2, 162.027-3, and 162.027-4, respectively, and add
new Sec. 162.027-1 to read as follows:

Sec. 162.027-1 Scope.

This subpart prescribes requirements for approval of combination
firehose nozzles.

0
198. Revise newly redesignated Sec. 162.027-2 to read as follows:

Sec. 162.027-2 Incorporation by reference.

(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG),
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC
20593-7509, and is available from the sources listed below. It is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428, 877-909-2786, https://www.astm.org.
(1) ASTM F1546/F1546 M-96 (Reapproved 2012), Standard Specification
for Fire Hose Nozzles, approved May 1, 2012, (``ASTM F 1546''), IBR
approved for Sec. Sec. 162.027-3(a) through (c), and 162.027-4(a) and
(d).
(2) [Reserved]
(c) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 1964 Standard for Spray Nozzles, 2008 Edition, effective
December 31, 2007, IBR approved for Sec. Sec. 162.027-3(a) through
(c), and 162.027-4(a) and (d).
(2) [Reserved]

0
199. Revise newly redesignated Sec. 162.027-3 to read as follows:

Sec. 162.027-3 Design, construction, testing, and marking
requirements.

(a) Each combination solid stream and water spray firehose nozzle
required to be approved under the provisions of this subpart must be of
brass or bronze, except for hardware and other incidental parts, which
may be of rubber, plastic, or stainless steel, and designed,
constructed, tested, and marked in accordance with the requirements of
ASTM F 1546 or NFPA 1964 (incorporated by reference, see Sec. 162.027-
2).
(b) All inspections and tests required by ASTM F 1546 or NFPA 1964
must be performed by an independent laboratory accepted by the Coast
Guard under subpart 159.010 of this chapter. A list of independent
laboratories accepted by the Coast Guard as meeting subpart 159.010 of
this chapter may be obtained by contacting the Commandant (CG-ENG-4).
(c) The independent laboratory must prepare a report on the results
of the testing and must furnish the manufacturer with a copy of the
test report upon completion of the testing required by ASTM F 1546 or
NFPA 1964.

0
200. Amend newly redesignated Sec. 162.027-4 by revising paragraph (a)
and adding paragraphs (c) through (g) to read as follows:

Sec. 162.027-4 Approval procedures.

(a) Firehose nozzles designed, constructed, tested, and marked in
accordance with ASTM F 1546 or NFPA 1964 (incorporated by reference,
see Sec. 162.027-2) are considered to be approved under the provisions
of this chapter.
* * * * *
(c) A follow-up program must be established and maintained to
ensure that no unauthorized changes have been made to the design or
manufacture of type approved firehose nozzles. Acceptable follow-up
programs include factory inspection programs administered by the
accepted independent laboratory that performed the initial inspections
and tests relied on by the type approval holder, or special
configuration control programs implemented through a quality control
flow chart and core procedures administered by the manufacturer and
certified by an international standards agency such as the
International Organization for Standardization (ISO).
(d) Applicants seeking type approval of firehose nozzles must
submit:
(1) A cover letter requesting type approval of the equipment;
(2) A test report from the accepted independent laboratory showing
compliance of the firehose nozzle with ASTM F 1546 or NFPA 1964;
(3) A copy of the contract for a follow-up program with the
accepted independent laboratory or evidence of an ISO 9001 certified
special configuration control program or similar program implemented
through a quality control flow chart and core procedure; and
(4) Documentation of the firehose nozzle, including an exterior
drawing, assembly drawing, components list, and bill of material.
(e) All documentation must be either mailed to Commandant (CG-ENG-
4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE.,
Stop 7509, Washington, DC 20593-7509 or electronically submitted to
typeapproval@uscg.mil.
(f) Upon evaluation of the submittal package and approval by the
Commandant, a Coast Guard Certificate of Approval will be issued valid
for 5 years so long as the follow-up program for the firehose nozzle is
maintained.
(g) Upon application, a Certificate of Approval for a firehose
nozzle may be renewed for successive 5-year periods without further
testing so long as no changes have been made to the products, the
follow-up program has been maintained, and no substitutions of or
changes to the standards listed in Sec. 162.027-2 have been made.

0
201. Revise Sec. 162.028-1 to read as follows:

Sec. 162.028-1 Incorporation by reference.

[[Page 48278]]

(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 162.028-
2(a).
(2) [Reserved]
(c) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 8, Standard for Safety for Water Based Agent Fire
Extinguishers, Sixth Edition, dated February 28, 2005, as amended
through July 27, 2010, IBR approved for Sec. 162.028-3(a).
(2) UL 154, Standard for Safety for Carbon-Dioxide Fire
Extinguishers, Ninth Edition, dated February 28, 2005, as amended
through November 8, 2010, IBR approved for Sec. 162.028-3(a).
(3) UL 299, Standard for Safety for Dry Chemical Fire
Extinguishers, Eleventh Edition, dated April 13, 2012, IBR approved for
Sec. 162.028-3(a).
(4) UL 626, Standard for Safety for Water Fire Extinguishers,
Eighth Edition, dated February 28, 2005, as amended through November 8,
2010, IBR approved for Sec. 162.028-3(a).
(5) UL 711, Standard for Safety for Rating and Fire Testing of Fire
Extinguishers, Seventh Edition, dated December 17, 2004, as amended
through April 28, 2009, IBR approved for Sec. 162.028-2(a) and
162.028-3(a).
(6) UL 2129, Standard for Safety for Halocarbon Clean Agent Fire
Extinguishers, Second Edition, dated February 28, 2005, as amended
through March 30, 2012, IBR approved for Sec. 162.028-3(a).

0
202. Amend Sec. 162.028-2 by revising paragraph (a) to read as
follows:

Sec. 162.028-2 Classification.

(a) Portable and semi-portable extinguishers must be marked with a
combined number and letter designation. The letter designates the
general class of fire for which the extinguisher is suitable as
identified in NFPA 10 (incorporated by reference, see Sec. 162.028-1).
The number indicates the relative extinguishing potential of the device
as rated by UL 711 (incorporated by reference, see Sec. 162.028-1).
* * * * *

0
203. Revise Sec. 162.028-3 to read as follows:

Sec. 162.028-3 Requirements.

(a) In addition to the requirements of this subpart, every portable
fire extinguisher must be tested and listed for marine use by a
recognized laboratory as defined in 46 CFR 159.001-3, and must comply
with the following standards (incorporated by reference, see Sec.
162.028-1), as appropriate:
(1) UL 8;
(2) UL 154;
(3) UL 299;
(4) UL 626;
(5) UL 711; and
(6) UL 2129.
(b) Every portable fire extinguisher must be self-contained; when
charged, it must not require any additional source of extinguishing
agent or expellant energy for its operation during the time it is being
discharged. It must weigh no more than 50 pounds when fully charged.
(c) Every portable fire extinguisher must be supplied with a
suitable bracket which will hold the extinguisher securely in its
stowage location on vessels or boats, and which is arranged to provide
quick and positive release of the extinguisher for immediate use.
During vibration testing, the extinguisher must be tested in the marine
bracket.
(d) Every portable extinguisher may be additionally examined and
tested to establish its reliability and effectiveness in accordance
with the intent of this specification for a ``marine type'' portable
fire extinguisher when considered necessary by the Coast Guard or by
the recognized laboratory.

0
204. Amend Sec. 162.028-4 by revising paragraph (a) to read as
follows:

Sec. 162.028-4 Marine type label.

(a) In addition to all other markings, every portable extinguisher
must bear a label containing the Coast Guard approval number, thus:
``Marine Type USCG Type Approval No. 162.028/__.''
* * * * *

0
205. Revise Sec. 162.028-5 to read as follows:

Sec. 162.028-5 Recognized laboratories.

A list of recognized independent laboratories that can perform
approval tests of portable fire extinguishers is available from the
Commandant and online at https://cgmix.uscg.mil.

0
206. Revise Sec. 162.028-7 to read as follows:

Sec. 162.028-7 Procedure for listing and labeling.

(a) Manufacturers having models of extinguishers they believe are
suitable for marine service may make application for listing and
labeling of such product as a ``marine-type'' portable fire
extinguisher by addressing a request directly to a recognized
laboratory. The laboratory will inform the submitter as to the
requirements for inspection, examinations, and testing necessary for
such listing and labeling. All costs in connection with the
examinations, tests, inspections, listing, and labeling are payable by
the manufacturer.
(b) [Reserved]

Subpart 162.039--Extinguishers, Fire, Semi-portable, Marine Type

0
207. Revise the heading for subpart 162.039 to read as set forth above.

0
208. Revise Sec. 162.039-1 to read as follows:

Sec. 162.039-1 Incorporation by reference.

(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG),
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC
20593-7509, and is available from the sources listed below. It is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 162.039-
2(a).
(2) [Reserved]
(c) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 8, Standard for Safety for Water Based Agent Fire
Extinguishers, Sixth Edition, dated February 28, 2005, as amended
through July 27, 2010, IBR approved for Sec. 162.039-3(a).
(2) UL 154, Standard for Safety for Carbon-Dioxide Fire
Extinguishers, Ninth Edition, dated February 28, 2005, as amended
through November 8, 2010, IBR approved for Sec. 162.039-3(a).
(3) UL 299, Standard for Safety for Dry Chemical Fire
Extinguishers, Eleventh Edition, dated April 13, 2012, IBR approved for
Sec. 162.039-3(a).
(4) UL 626, Standard for Safety for Water Fire Extinguishers,
Eighth

[[Page 48279]]

Edition, dated February 28, 2005, as amended through November 8, 2010,
IBR approved for Sec. 162.039-3(a).
(5) UL 711, Standard for Safety for Rating and Fire Testing of Fire
Extinguishers, Seventh Edition, dated December 17, 2004, as amended
through April 28, 2009, IBR approved for Sec. Sec. 162.039-2(a) and
162.039-3(a).
(6) UL 2129, Standard for Safety for Halocarbon Clean Agent Fire
Extinguishers, Second Edition, dated February 28, 2005, as amended
through March 30, 2012, IBR approved for Sec. 162.039-3(a).

0
209. Revise Sec. 162.039-2(a) to read as follows:

Sec. 162.039-2 Classification.

(a) Portable and semi-portable extinguishers must be marked with a
combined number and letter designation. The letter designates the
general class of fire for which the extinguisher is suitable as
identified in NFPA 10 (incorporated by reference, see Sec. 162.039-1).
The number indicates the relative extinguishing potential of the device
as rated by UL 711 (incorporated by reference, see Sec. 162.039-1).
* * * * *

0
210. Revise Sec. 162.039-3 to read as follows:

Sec. 162.039-3 Requirements.

(a) In addition to the requirements of this subpart, every semi-
portable fire extinguisher must be tested and listed for marine use by
a recognized laboratory as defined in 46 CFR 159.001-3, and must comply
with the following standards (incorporated by reference, see Sec.
162.039-1), as appropriate:
(1) UL 8;
(2) UL 154;
(3) UL 299;
(4) UL 626;
(5) UL 711; and
(6) UL 2129.
(b) Every semi-portable fire extinguisher must be self-contained;
when charged, it must not require any additional source of
extinguishing agent or expellant energy for its operation during the
time it is being discharged. It must weigh more than 50 pounds, when
fully charged.
(c) Every semi-portable fire extinguisher must be supplied with a
suitable bracket which will hold the extinguisher securely in its
stowage location on vessels or boats, and which is arranged to provide
quick and positive release of the extinguisher for immediate use.
(d) Every semi-portable extinguisher may be additionally examined
and tested to establish its reliability and effectiveness in accordance
with the intent of this specification for a ``marine type'' semi-
portable fire extinguisher when considered necessary by the Coast Guard
or by the recognized laboratory.

0
211. Revise Sec. 162.039-4 to read as follows:

Sec. 162.039-4 Marine type label.

(a) In addition to all other markings, every semi-portable
extinguisher must bear a label containing the ``marine type'' listing
manifest issued by a recognized laboratory. This label will include the
Coast Guard approval number, thus: ``Marine Type USCG Type Approval No.
162.039/___.''
(b) All such labels are to be obtained only from the recognized
laboratory and will remain under its control until attached to a
product found acceptable under its inspection and labeling program.

0
212. Revise Sec. 162.039-5 to read as follows:

Sec. 162.039-5 Recognized laboratories.

(a) A list of recognized independent laboratories that can perform
approval tests of semi-portable fire extinguishers is available from
the Commandant and online at https://cgmix.uscg.mil.
(b) [Reserved]

0
213. Revise Sec. 162.039-7 (a) to read as follows.

Sec. 162.039-7 Procedure for listing and labeling.

(a) Manufacturers having models of extinguishers they believe are
suitable for marine service may make application for listing and
labeling of such product as a ``marine type'' semi-portable fire
extinguisher by addressing a request directly to a recognized
laboratory. The laboratory will inform the submitter as to the
requirements for inspections, examinations, and testing necessary for
such listing and labeling. All costs in connection with the
examinations, tests, and inspections, listings and labelings are
payable by the manufacturer.
* * * * *

0
214. Add subpart 162.163 to read as follows:
Subpart 162.163--Portable Foam Applicators
Sec.
162.163-1 Scope.
162.163-2 Incorporation by reference.
162.163-3 Performance, design, construction, testing, and marking
requirements.
162.163-4 Approval procedures.

Subpart 162.163--Portable Foam Applicators

Sec. 162.163-1 Scope.

This subpart prescribes requirements for approval of portable foam
applicators, each consisting of a portable foam nozzle, eductor, pick-
up tube, and a portable supply of foam concentrate, in ro-ro spaces and
certain machinery spaces, as required by the International Convention
for the Safety of Life at Sea (SOLAS).

Sec. 162.163-2 Incorporation by reference.

Sec. 162.163-3 Performance, design, construction, testing, and
marking requirements.

(a) The portable foam applicator must produce foam suitable for
extinguishing an oil fire at a minimum foam solution rate of 200 l/min
(53 gpm).
(b) The portable foam applicator must have a portable tank
containing 20 liters or more of foam concentrate, along with one 20-
liter spare tank. Five gallon (19 liter) foam concentrate pails are an
acceptable substitute for the 20-liter tanks.
(c) Requirements for carriage of portable foam applicators may be
met by the carriage of either:

[[Page 48280]]

(1) Portable foam applicators in accordance with this subpart, with
either integral or separate eductors of fixed percentage and foam
concentrate designed, constructed, tested, marked, and approved in
accordance with the provisions of this section; or
(2) Components and foam concentrate from deck and heli-deck foam
systems approved under approval series 162.033 of this part. Suitable
components include mechanical foam nozzles with pick-up tubes, and
mechanical foam nozzles with separate inline eductors, along with the
corresponding foam concentrate.
(d) Each portable foam applicator to be approved under the
provisions of this subpart must be of brass or bronze, except for
hardware and other incidental parts which may be of rubber, plastic, or
stainless steel and, in combination with a foam concentrate, must be
designed, constructed, tested, and marked in accordance with the
requirements of UL 162 (incorporated by reference, see Sec. 162.163-
1).
(e) All inspections and tests required by UL 162 must be performed
by an independent laboratory accepted by the Coast Guard under subpart
159.010 of this chapter. A list of independent laboratories accepted by
the Coast Guard as meeting subpart 159.010 of this chapter may be
obtained by contacting the Commandant (CG-ENG-4) or at https://cgmix.uscg.mil/eqlabs/.
(f) The independent laboratory must prepare a report on the results
of the testing and must furnish the manufacturer with a copy of the
test report upon completion of the testing required by UL 162.

Sec. 162.163-4 Approval procedures.

(a) Portable foam applicators designed, constructed, tested, and
marked in accordance with UL 162 (incorporated by reference, see Sec.
162.163-1) are eligible for approval under the provisions of this
chapter.
(b) A follow-up program must be established and maintained to
ensure that no unauthorized changes have been made to the design or
manufacture of type approved portable foam applicators. Acceptable
follow-up programs include factory inspection programs administered by
the accepted independent laboratory that performed the initial
inspections and tests relied on by the type approval holder, or special
configuration control programs implemented through a quality control
flow chart and core procedures administered by the manufacturer and
certified by an international standards agency such as the
International Organization for Standardization (ISO).
(c) Applicants seeking type approval of portable foam applicators
must submit:
(1) A cover letter requesting type approval of the equipment;
(2) A test report from the accepted independent laboratory showing
compliance of the portable foam applicator with UL 162;
(3) A copy of the contract for a follow-up program with the
accepted independent laboratory; and
(4) Documentation of the portable foam applicator, including an
exterior drawing, assembly drawing, components list, and bill of
material.
(d) All documentation must either be mailed to Commandant (CG-ENG-
4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE.,
Stop 7509, Washington, DC 20593-7509 or electronically submitted to
typeapproval@uscg.mil.
(e) Upon evaluation of the submittal package and approval by the
Commandant, a Coast Guard Certificate of Approval will be issued valid
for 5 years so long as the follow-up program for the portable foam
applicators is maintained.
(f) Upon application, a Certificate of Approval for a portable foam
applicator may be renewed for successive 5-year periods without further
testing so long as no changes have been made to the products, the
follow-up program has been maintained, and no substitutions of or
changes to the standards listed in Sec. 162.027-2 have been made.

PART 164--MATERIALS

0
215. The authority citation for part 164 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; and Department of Homeland Security
Delegation No. 0170.1.

0
216. Add Sec. 164.006-6 to read as follows:

Sec. 164.006-6 Alternative materials.

Products approved under approval series 164.106 may be used where
products approved under this subpart are required.

0
217. Add Sec. 164.007-10 to read as follows:

Sec. 164.007-10 Alternative materials.

Products approved under approval series 164.107 may be used where
products approved under this subpart are required.

0
218. Add Sec. 164.008-8 to read as follows:

Sec. 164.008-8 Alternative materials.

Products approved under approval series 164.108 may be used where
products approved under this subpart are required.

0
219. Add Sec. 164.009-26 to read as follows:

Sec. 164.009-26 Alternative materials.

Products approved under approval series 164.109 may be used where
products approved under this subpart are required.

0
220. Add Sec. 164.012-16 to read as follows:

Sec. 164.012-16 Alternative materials.

Products approved under approval series 164.112 may be used where
products approved under this subpart are required.

0
221. Add subpart 164.105 to read as follows:
Subpart 164.105--Deck Assemblies (A-60) For SOLAS Vessels
Sec.
164.105-1 Scope.
164.105-2 Incorporation by reference.
164.105-3 Testing, marking, and inspection requirements.
164.105-4 Approval procedures.

Subpart 164.105--Deck Assemblies (A-60) For SOLAS Vessels

Sec. 164.105-1 Scope.

This subpart prescribes requirements for approval of deck
assemblies (A-60) for SOLAS vessels as required by the International
Convention for the Safety of Life at Sea (SOLAS).

Sec. 164.105-2 Incorporation by reference.

[[Page 48281]]

(2) [Reserved]

Sec. 164.105-3 Testing, marking, and inspection requirements.

(a) Each deck assembly submitted for type approval must be tested
for non-combustibility under Annex 1, Part 1 and then tested for fire
resistance under Annex 1, Part 3 of the FTP Code (incorporated by
reference, see Sec. 164.105-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a deck assembly.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.105-4 Approval procedures.

(a) Manufacturers that desire type approval should submit a written
notice to the Commandant (CG-ENG-4) describing the product and its
intended uses. The Commandant will evaluate this information and notify
the manufacturer of the product's suitability for testing. The
manufacturer should then contract directly with an accepted independent
laboratory to perform the required tests and inspections.
(b) Upon completion of the required testing and inspections, the
manufacturer must submit either a written request for type approval to
the Commandant (CG-ENG-4), United States Coast Guard, 2703 Martin
Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, or
electronically submit a request to typeapproval@uscg.mil. The request
must indicate the name and address of the manufacturer, all product
designations, and the address of all manufacturing facilities. The
request must include a copy of the final fire test report and the
production inspection procedures. From the information submitted, the
Commandant determines whether or not the product is acceptable for type
approval. If the product is determined to be acceptable, a type
approval certificate valid for a 5-year period will be issued. If the
product is not accepted, the manufacturer will be notified of the
reasons why.
0
222. Add subpart 164.106 to read as follows:
Subpart 164.106--Primary Deck Coverings for SOLAS Vessels
Sec.
164.106-1 Scope.
164.106-2 Incorporation by reference.
164.106-3 Testing, marking, and inspection requirements.
164.106-4 Approval procedures.

Subpart 164.106--Primary Deck Coverings for SOLAS Vessels

Sec. 164.106-1 Scope

This subpart prescribes requirements for approval of primary deck
coverings for SOLAS vessels as required by the International Convention
for the Safety of Life at Sea (SOLAS).

Sec. 164.106-2 Incorporation by reference.

Sec. 164.106-3 Testing, marking, and inspection requirements.

(a) Each primary deck covering submitted for type approval must be
tested in accordance with the flame spread procedures specified in Part
6 of Annex 1 and the smoke density and toxicity criteria in Part 2 of
Annex 1 of the FTP Code (incorporated by reference, see Sec. 164.106-
2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a primary deck covering.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.106-4 Approval procedures.

[[Page 48282]]

written request for type approval to the Commandant (CG-ENG-4), United
States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509,
Washington, DC 20593-7509, or electronically submit a request to
typeapproval@uscg.mil. The request must indicate the name and address
of the manufacturer, all product designations, and the address of all
manufacturing facilities. The request must include a copy of the final
fire test report and the production inspection procedures. From the
information submitted, the Commandant determines whether or not the
product is acceptable for type approval. If the product is determined
to be acceptable, a type approval certificate valid for a 5-year period
will be issued. If the product is not accepted, the manufacturer will
be notified of the reasons why.
0
223. Add subpart 164.107 to read as follows:
Subpart 164.107--Structural Insulation (A-60) for SOLAS Vessels
Sec.
164.107-1 Scope.
164.107-2 Incorporation by reference.
164.107-3 Testing, marking, and inspection requirements.
164.107-4 Approval procedures.

Subpart 164.107--Structural Insulation (A-60) for SOLAS Vessels

Sec. 164.107-1 Scope.

This subpart prescribes requirements for approval of structural
insulation (A-60) for SOLAS vessels as required by the International
Convention for the Safety of Life at Sea (SOLAS). Products approved
under these requirements may be used in place of products required to
be approved as meeting the requirements of Sec. 164.007.

Sec. 164.107-2 Incorporation by reference.

Sec. 164.107-3 Testing, marking, and inspection requirements.

(a) Each structural insulation (A-60) submitted for type approval
must be tested in accordance with the non-combustibility test under
Annex 1, Part 1 and then tested for fire resistance under Annex 1, Part
3 of the FTP Code (incorporated by reference, see Sec. 164.107-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a structural insulation.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.107-4 Approval procedures.

0
224. Add subpart 164.108 to read as follows:
Subpart 164.108--Bulkheads (B-0 and B-15) for SOLAS Vessels
Sec.
164.108-1 Scope.
164.108-2 Incorporation by reference.
164.108-3 Testing, marking, and inspection requirements.
164.108-4 Approval procedures.

Subpart 164.108--Bulkheads (B-0 and B-15) for SOLAS Vessels

Sec. 164.108-1 Scope.

This subpart prescribes requirements for approval of bulkheads (B-0
and B-15) for SOLAS vessels as required by the International Convention
for the Safety of Life at Sea (SOLAS). Products approved under these
requirements may be used in place of products required to be approved
as meeting the requirements of Sec. 164.008.

Sec. 164.108-2 Incorporation by reference.

[[Page 48283]]

material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) 2010 FTP Code, International Code for Application of Fire Test
Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP Code''),
IBR approved for Sec. 164.108-3(a).
(2) [Reserved]

Sec. 164.108-3 Testing, marking, and inspection requirements.

(a) Each bulkhead (B-0 & B-15) submitted for type approval must be
tested in accordance with non-combustibility under Annex 1, Part 1 and
then tested for fire resistance under Annex 1, Part 3 of the FTP Code
(incorporated by reference, see Sec. 164.108-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a bulkhead.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.108-4 Approval procedures.

(a) Manufacturers that desire type approval should submit a written
notice to the Commandant (CG-ENG-4) describing the product and its
intended uses. The Commandant will evaluate this information and notify
the manufacturer of the product's suitability for testing. The
manufacturer should then contract directly with an accepted independent
laboratory to perform the required tests and inspections.
(b) Upon completion of the required testing and inspections, the
manufacturer must submit either a written request for type approval to
the Commandant (CG-ENG-4) United States Coast Guard, 2703 Martin Luther
King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, or
electronically submit a request to typeapproval@uscg.mil. The request
must indicate the name and address of the manufacturer, all product
designations, and the address of all manufacturing facilities. The
request must include a copy of the final fire test report and the
production inspection procedures. From the information submitted, the
Commandant determines whether or not the product is acceptable for type
approval. If the product is determined to be acceptable, a type
approval certificate valid for a 5-year period will be issued. If the
product is not accepted, the manufacturer will be notified of the
reasons why.

0
225. Add subpart 164.109 to read as follows:
Subpart 164.109--Non-combustible Materials (SOLAS)
Sec.
164.109-1 Scope.
164.109-2 Incorporation by reference.
164.109-3 Testing, marking, and inspection requirements.
164.109-4 Approval procedures.

Subpart 164.109--Non-combustible Materials (SOLAS)

Sec. 164.109-1 Scope.

This subpart prescribes requirements for approval of non-
combustible materials for use on SOLAS vessels as required by the
International Convention for the Safety of Life at Sea (SOLAS).
Products approved under these requirements may be used in place of
products required to be approved as meeting the requirements of Sec.
164.009.

Sec. 164.109-2 Incorporation by reference.

Sec. 164.109-3 Testing, marking, and inspection requirements.

(a) Non-combustible materials submitted for type approval must be
tested in accordance with Annex 1, Part 1 of the FTP Code (incorporated
by reference, see Sec. 164.109-2). Five specimens must be tested and
the test need not last longer than 30 minutes.
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a non-combustible
material.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

[[Page 48284]]

Sec. 164.109-4 Approval procedures.

0
226. Add subpart 164.110 to read as follows:
Subpart 164.110--Continuous Ceilings (B-0 and B-15) (SOLAS)
Sec.
164.110-1 Scope.
164.110-2 Incorporation by reference.
164.110-3 Testing, marking, and inspection requirements.
164.110-4 Approval procedures.

Subpart 164.110--Continuous Ceilings (B-0 and B-15) (SOLAS)

Sec. 164.110-1 Scope.

This subpart prescribes requirements for approval of continuous
ceilings (B-0 and B-15) for SOLAS vessels as required by the
International Convention for the Safety of Life at Sea (SOLAS).

Sec. 164.110-2 Incorporation by reference.

Sec. 164.110-3 Testing, marking, and inspection requirements.

(a) Continuous Ceilings (B-0 and B-15) (SOLAS) submitted for type
approval must be tested for non-combustibility under Annex 1, Part 1,
and then tested for fire resistance under Annex 1, Part 3, Appendix 2,
of the FTP Code (incorporated by reference, see Sec. 164.110-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a continuous ceiling.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.110-4 Approval procedures.

(a) Manufacturers that desire type approval should submit a written
notice to the Commandant (CG-ENG-4) describing the product and its
intended uses. The Commandant will evaluate this information and notify
the manufacturer of the product's suitability for testing. The
manufacturer should then contract directly with an accepted independent
laboratory to perform the required tests and inspections.
(b) Upon completion of the required testing and inspections, the
manufacturer must submit either a written request for type approval to
the Commandant (CG-ENG-4), United States Coast Guard, 2703 Martin
Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, or
electronically submit a request to typeapproval@uscg.mil. The request
must indicate the name and address of the manufacturer, all product
designations, and the address of all manufacturing facilities. The
request must include a copy of the final fire test report and the
production inspection procedures. From the information submitted, the
Commandant determines whether or not the product is acceptable for type
approval. If the product is determined to be acceptable, a type
approval certificate valid for a 5-year period will be issued. If the
product is not accepted, the manufacturer will be notified of the
reasons why.
0
227. Add subpart 164.111 to read as follows:
Subpart 164.111--Draperies, Curtains, and Other Suspended Textiles
Sec.
164.111-1 Scope.
164.111-2 Incorporation by reference.
164.111-3 Testing, marking, and inspection requirements.
164.111-4 Approval procedures.

Subpart 164.111--Draperies, Curtains, and Other Suspended Textiles

Sec. 164.111-1 Scope.

This subpart prescribes requirements for approval of draperies,
curtains, and other suspended textiles as required by the International
Convention for the Safety of Life at Sea (SOLAS).

Sec. 164.111-2 Incorporation by reference.

[[Page 48285]]

Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509,
Washington, DC 20593-7509, and is available from the sources listed
below. It is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) 2010 FTP Code, International Code for Application of Fire Test
Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP Code''),
IBR approved for Sec. 164.111-3(a).
(2) [Reserved]

Sec. 164.111-3 Testing, marking, and inspection requirements.

(a) Draperies, curtains, and other suspended textiles submitted for
type approval must be tested for qualities of resistance to the
propagation of flame not inferior to those of wool of mass 0.8 kg/m\2\
under Annex 1, Part 7, of the FTP Code (incorporated by reference, see
Sec. 164.111-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as draperies, curtains and
other suspended textiles.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.111-4 Approval procedures.

0
228. Add subpart 164.112 to read as follows:
Subpart 164.112--Interior Finish (Bulkheads and Ceiling Finishes)
(SOLAS)
Sec.
164.112-1 Scope.
164.112-2 Incorporation by reference.
164.112-3 Testing, marking, and inspection requirements.
164.112-4 Approval procedures.

Subpart 164.112--Interior Finish (Bulkheads and Ceiling Finishes)
(SOLAS)

Sec. 164.112-1 Scope.

This subpart prescribes requirements for approval of interior
finishes (bulkheads and ceiling finishes) for SOLAS vessels as required
by the International Convention for the Safety of Life at Sea (SOLAS).
Products approved under these requirements may be used in place of
products required to be approved as meeting the requirements of Sec.
164.012.

Sec. 164.112-2 Incorporation by reference.

Sec. 164.112-3 Testing, marking, and inspection requirements.

(a) Interior Finishes (Bulkheads and ceiling finishes) for SOLAS
vessels submitted for type approval must be tested for surface
flammability in Annex 1, Part 5, and the smoke density and toxicity
criteria of Annex 1, Part 2, of the FTP Code (incorporated by
reference, see Sec. 164.112-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as an interior finish.
(e) The independent laboratory must prepare production inspection

[[Page 48286]]

procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.112-4 Approval procedures.

0
229. Add subpart 164.117 to read as follows:
Subpart 164.117--Floor Finish (SOLAS)
Sec.
164.117-1 Scope.
164.117-2 Incorporation by reference.
164.117-3 Testing, marking, and inspection requirements.
164.117-4 Approval procedures.

Subpart 164.117--Floor Finish (SOLAS)

Sec. 164.117-1 Scope.

This subpart prescribes requirements for approval of floor finishes
for SOLAS vessels as required by the International Convention for the
Safety of Life at Sea (SOLAS).

Sec. 164.117-2 Incorporation by reference.

Sec. 164.117-3 Testing, marking, and inspection requirements.

(a) Floor finishes for SOLAS vessels submitted for type approval
must be tested for surface flammability in Annex 1, Part 5, and the
smoke density and toxicity criteria of Annex 1, Part 2, of the FTP Code
(incorporated by reference, see Sec. 164.117-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a floor finish.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.117-4 Approval procedures.

0
230. Add subpart 164.136 to read as follows:
Subpart 164.136--Fire Doors
Sec.
164.136-1 Scope.
164.136-2 Incorporation by reference.
164.136-3 Testing, marking, and inspection requirements.
164.136-4 Approval procedures.

Subpart 164.136--Fire Doors

Sec. 164.136-1 Scope.

This subpart prescribes requirements for approval of fire doors as
required by the International Convention for the Safety of Life at Sea
(SOLAS). Products approved under these requirements may be used where
fire doors of the same class are required in domestic vessels.

[[Page 48287]]

Sec. 164.136-2 Incorporation by reference.

Sec. 164.136-3 Testing, marking, and inspection requirements.

(a) Fire doors submitted for type approval must be tested for non-
combustibility under Annex 1, Part 5, and then tested for fire
resistance under Annex 1, Part 3 of the FTP Code (incorporated by
reference, see Sec. 164.136-2). Adhesives used in the construction of
fire doors need not be non-combustible, but they must be tested for low
flame spread characteristics under Annex 1, Part 5 of the FTP Code and
should be included in the approved door's follow-up program.
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a fire door.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.136-4 Approval procedures.

0
231. Add subpart 164.137 to read as follows:
Subpart 164.137--Windows
Sec.
164.137-1 Scope.
164.137-2 Incorporation by reference.
164.137-3 Testing, marking, and inspection requirements.
164.137-4 Approval procedures.

Subpart 164.137--Windows

Sec. 164.137-1 Scope.

This subpart prescribes requirements for approval of windows as
required by the International Convention for the Safety of Life at Sea
(SOLAS).

Sec. 164.137-2 Incorporation by reference.

Sec. 164.137-3 Testing, marking, and inspection requirements.

(a) Windows submitted for type approval must be tested for fire
resistance under Annex 1, Part 3 of the FTP Code (incorporated by
reference, see Sec. 164.137-2). Windows must also meet the thermal
radiation test supplement to fire resistance, as outlined in Appendix 1
of Part 3 of the FTP Code, and the hose stream test of paragraph 5 of
Appendix A.1 of IMO Resolution A.754(18) (incorporated by reference,
see Sec. 164.137-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to

[[Page 48288]]

select the test specimens and establish the materials of construction,
chemical make-up, dimensions, tolerances, and other related factors
needed to confirm product consistency during follow-up production
inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a window.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.137-4 Approval procedures.

0
232. Add subpart 164.138 to read as follows:
Subpart 164.138--Fire Stops (Penetration Seals)
Sec.
164.138-1 Scope.
164.138-2 Incorporation by reference.
164.138-3 Testing, marking, and inspection requirements.
164.138-4 Approval procedures.

Subpart 164.138--Fire Stops (Penetration Seals)

Sec. 164.138-1 Scope.

This subpart prescribes requirements for approval of fire stops
(penetration seals) as required by the International Convention for the
Safety of Life at Sea (SOLAS).

Sec. 164.138-2 Incorporation by reference.

Sec. 164.138-3 Testing, marking, and inspection requirements.

(a) Fire stops (penetration seals) submitted for type approval must
be tested for fire resistance under Annex 1, Part 3 of the FTP Code
(incorporated by reference, see Sec. 164.138-2). Such devices must
also be tested in accordance with Appendices A.III and A.IV of IMO
Resolution A.754(18) (incorporated by reference, see Sec. 164.138-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a fire stop.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.138-4 Approval procedures.

[[Page 48289]]

determined to be acceptable, a type approval certificate valid for a 5-
year period will be issued. If the product is not accepted, the
manufacturer will be notified of the reasons why.

0
233. Add subpart 164.139 to read as follows:
Subpart 164.139--Dampers
Sec.
164.139-1 Scope.
164.139-2 Incorporation by reference.
164.139-3 Testing, marking, and inspection requirements.
164.139-4 Approval procedures.

Subpart 164.139-Dampers

Sec. 164.139-1 Scope.

This subpart prescribes requirements for approval of fire dampers
as required by the International Convention for the Safety of Life at
Sea (SOLAS).

Sec. 164.139-2 Incorporation by reference.

Sec. 164.139-3 Testing, marking, and inspection requirements.

(a) Automatic fire dampers that are installed in A-class divisions
that are submitted for type approval must be tested for fire resistance
under Annex 1, Part 3 of the FTP Code (incorporated by reference, see
Sec. 164.139-2). Such devices must also be tested in accordance with
Appendix A-II of IMO Resolution A.754(18) (incorporated by reference,
see Sec. 164.139-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a fire damper.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
shall furnish the manufacturer with three copies of each upon
completion of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

164.139-4 Approval procedures.

0
234. Add subpart 164.141 to read as follows:
Subpart 164.141--Plastic Pipes
Sec.
164.141-1 Scope.
164.141-2 Incorporation by reference.
164.141-3 Testing, marking, and inspection requirements.
164.141-4 Approval procedures.

Subpart 164.141--Plastic Pipes

Sec. 164.141-1 Scope.

This subpart prescribes requirements for approval of plastic piping
systems. Plastic piping systems include the pipe, fittings, system
joints, method of joining, and any internal or external liners,
coverings, and coatings required to comply with the performance
criteria of this subpart.

Sec. 164.141-2 Incorporation by reference.

[[Page 48290]]

(``IMO Resolution A.653(16)''), IBR approved for Sec. 164.141-3(a).
(3) Resolution A.753(18), Guidelines for the Application of Plastic
Pipe on Ships, adopted on 4 November 1993 (``IMO
ResolutionA.753(18)''), IBR approved for Sec. 164.141-3(a) and (b).
(4) Resolution MSC.313(88), Amendments to the Guidelines for the
Application of Plastic Pipes on Ships, (``IMO Resolution
MSC.313(88)''), adopted 26 November 2010, IBR approved for Sec.
164.141-3(a) and (b).

Sec. 164.141-3 Testing, marking, and inspection requirements.

(a) All plastic piping submitted for approval must meet the flame
spread requirements of IMO Resolution A.653(16) as modified for pipes
by IMO Resolution A.753(18) and IMO Resolution MSC.313(88) (all
incorporated by reference, see Sec. 164.141-2) except that:
(1) The test specimens need not be wrapped in aluminum foil; and
(2) Testing need not be conducted on every pipe size. Testing may
be conducted on piping sizes with the maximum and minimum wall
thickness intended to be approved. This will qualify all piping sizes
within the tested range.
(b) In order to receive approval for fire endurance, pipe must be
tested as indicated in IMO Resolution A.753(18) and IMO Resolution
MSC.313(88). When satisfying the requirements for L1 or L2 service, the
pipe will be approved for use in lesser service grades. The approval of
piping systems of sizes different than those tested will be allowed as
provided for in Table 164.141(a) of this subpart.

Table 164.141(a)--Approval of Piping Systems of Sizes Different Than Tested
----------------------------------------------------------------------------------------------------------------
Size * tested, inches Minimum size * approved Maximum size * approved, inches
----------------------------------------------------------------------------------------------------------------
0 to <=2................................ Size Tested.................... Size Tested.
>2 to <=6............................... Size Tested.................... <=6.
>6 to <=12.............................. Size Tested.................... <=12.
>12 to <=24............................. Size Tested.................... <=24.
>24 to <=36............................. Size Tested.................... <=36.
>36 to <=48............................. Size Tested.................... <=48.
----------------------------------------------------------------------------------------------------------------
* Nominal outside diameter

(c) To be approved for smoke and toxicity requirements, piping
systems must meet the requirements of Annex 1, Part 2 of the FTP Code
(incorporated by reference, see Sec. 164.141-2) with the following
modifications:
(1) Plastic piping meeting paragraph 2.2 of Annex 2 of the FTP Code
as having very low flame spread when tested to Part 5 are deemed to
meet the smoke and toxicity requirements without testing to Part 2.
(2) Testing need only be conducted on piping sizes with the maximum
and minimum wall thicknesses intended to be approved.
(3) The test sample should be fabricated by cutting pipes
lengthwise into individual sections and then assembling the sections
into a test sample as representative as possible of a flat surface. All
cuts should be made normal to the pipe wall.
(4) The number of sections that must be assembled together to form
a square test sample with sides measuring 3 inches, should be that
which corresponds to the nearest integral number of sections which will
result in a test sample with an equivalent linearized surface width
between 3 and 3 \1/2\ inches. The surface width is defined as the
measured sum of the outer circumference of the assembled pipe sections
normal to the lengthwise sections.
(5) The test samples should be mounted on calcium silicate board
and held in place by the edges of the test frame and, if necessary, by
wire. There should be no gaps between individual sections and the
samples should be constructed so that the edges of two adjacent
sections coincide with the centerline of the test holder.
(6) The space between the concave unexposed surface of the test
sample and the surface of the calcium silicate backing should be left
void.
(7) The void space between the top of the exposed test surface and
the bottom edge of the sample holder frame should be filled with a high
temperature insulating wool where the pipe extends under the frame.
(8) When the pipes are to include fireproofing or coatings, the
composite structure consisting of the segmented pipe wall and
fireproofing shall be tested and the thickness of the fireproofing
should be the minimum thickness specified for the intended usage.
(9) Test samples should be oriented in the apparatus such that the
pilot burner flame will be normal to the lengthwise piping sections.
(d) Where required to be approved, piping systems must comply with
the non-metallic materials requirements in 46 CFR 56.60-25(a)(1).
(e) All testing and inspections required by this subpart, except as
allowed by paragraph (b) of this section, must be performed by an
independent laboratory accepted by the Coast Guard under subpart
159.010 of this chapter. A list of independent laboratories accepted as
meeting subpart 159.010 of this chapter is available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(f) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(g) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as plastic piping.
(h) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(i) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.141-4 Approval procedures.

[[Page 48291]]

manufacturer of the product's suitability for testing. The manufacturer
should then contract directly with an accepted independent laboratory
to perform the required tests and inspections.
(b) Upon completion of the required testing and inspections, the
manufacturer must submit either a written request for type approval to
the Commandant (CG-ENG-4), United States Coast Guard, 2703 Martin
Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, or
electronically submit a request to typeapproval@uscg.mil. The request
must indicate the name and address of the manufacturer, all product
designations, and the address of all manufacturing facilities. The
request must include a copy of the final fire test report and the
production inspection procedures. From the information submitted, the
Commandant determines whether or not the product is acceptable for type
approval. If the product is determined to be acceptable, a type
approval certificate valid for a 5-year period will be issued. If the
product is not accepted, the manufacturer will be notified of the
reasons why.

0
235. Add subpart 164.142 to read as follows:
Subpart 164.142--Bedding Components
Sec.
164.142-1 Scope.
164.142-2 Incorporation by reference.
164.142-3 Testing, marking, and inspection requirements.
164.142-4 Approval procedures.

Subpart 164.142--Bedding Components

Sec. 164.142-1 Scope.

This subpart prescribes requirements for approval of bedding
components as required by the International Convention for the Safety
of Life at Sea (SOLAS).

Sec. 164.142-2 Incorporation by reference.

Sec. 164.142-3 Testing, marking, and inspection requirements.

(a) Bedding components that are submitted for type approval must be
tested for qualities of resistance to the ignition and propagation of
flame of Annex 1, Part 9 of the FTP Code (incorporated by reference,
see Sec. 164.142-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a bedding component.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.142-4 Approval procedures.

0
236. Add subpart 164.144 to read as follows:
Subpart 164.144--Upholstered Furniture
Sec.
164.144-1 Scope.
164.144-2 Incorporation by reference.
164.144-3 Testing, marking, and inspection requirements.
164.144-4 Approval procedures.

Subpart 164.144--Upholstered Furniture

Sec. 164.144-1 Scope.

This subpart prescribes requirements for approval of upholstered
furniture as required by the International Convention for the Safety of
Life at Sea (SOLAS).

Sec. 164.144-2 Incorporation by reference.

[[Page 48292]]

register/code_of_federal_regulations/ibr_locations.html.
(b) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) 2010 FTP Code, International Code for Application of Fire Test
Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP Code''),
IBR approved for Sec. 164.144-3(a).
(2) [Reserved]

Sec. 164.144-3 Testing, marking, and inspection requirements.

(a) Upholstered furniture that is submitted for type approval must
be tested for qualities of resistance to the ignition and propagation
of flame of Annex 1, Part 8 of the FTP Code (incorporated by reference,
see Sec. 164.144-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as upholstered furniture.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.144-4 Approval procedures.

0
237. Add subpart 164.146 to read as follows:
Subpart 164.146--Fire Door Control System (SOLAS)
Sec.
164.146-1 Scope.
164.146-2 Incorporation by reference.
164.146-3 Testing, marking, and inspection requirements.
164.146-4 Approval procedures.

Subpart 164.146--Fire Door Control System (SOLAS)

Sec. 164.146-1 Scope.

This subpart prescribes requirements for approval of fire door
control systems as required by the International Convention for the
Safety of Life at Sea (SOLAS).

Sec. 164.146-2 Incorporation by reference.

Sec. 164.146-3 Testing, marking, and inspection requirements.

(a) A fire door control system that is submitted for type approval
must be tested in accordance with Annex 1, Part 4 of the FTP Code
(incorporated by reference, see Sec. 164.146-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a fire door control
system.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.146-4 Approval procedures.

[[Page 48293]]

0
238. Add subpart 164.201 to read as follows:
Subpart 164.201--Fire-resisting Materials for High-speed Craft
Sec.
164.201-1 Scope.
164.201-2 Incorporation by reference.
164.201-3 Testing, marking, and inspection requirements.
164.201-4 Approval procedures.

Subpart 164.201--Fire-resisting Materials for High-speed Craft

Sec. 164.201-1 Scope.

This subpart prescribes requirements for approval of fire-resisting
materials for high-speed craft as required by the International Code of
Safety for High Speed Craft (HSC Code).

Sec. 164.201-2 Incorporation by reference.

Sec. 164.201-3 Testing, marking, and inspection requirements.

(a) Fire-resisting materials for high-speed craft that is submitted
for type approval must be tested in accordance with Annex 1, Part 10 of
the FTP Code (incorporated by reference, see Sec. 164.201-2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a fire resisting material
for high speed craft.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire-testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.201-4 Approval procedures.

0
239. Add subpart 164.207 to read as follows:
Subpart 164.207--Fire-resisting Divisions for High-speed Craft
Sec.
164.207-1 Scope.
164.207-2 Incorporation by reference.
164.207-3 Testing, marking, and inspection requirements.
164.207-4 Approval procedures.

Subpart 164.207--Fire-resisting Divisions for High-speed Craft

Sec. 164.207-1 Scope.

This subpart prescribes requirements for approval of fire-resisting
divisions for high-speed craft as required by the International Code of
Safety for High-Speed Craft (HSC Code).

Sec. 164.207-2 Incorporation by reference.

[[Page 48294]]

Sec. 164.207-3 Testing, marking, and inspection requirements.

(a) Fire-resisting divisions for high-speed craft that are
submitted for type approval must be tested in accordance with Annex 1,
Part 11 of the FTP Code (incorporated by reference, see Sec. 164.207-
2).
(b) All testing and inspections required by this subpart must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted as meeting subpart 159.010 of this chapter is
available online at https://psix.uscg.mil/EQLabs/Default.aspx.
(c) The independent laboratory must perform an initial factory
inspection to select the test specimens and establish the materials of
construction, chemical make-up, dimensions, tolerances, and other
related factors needed to confirm product consistency during follow-up
production inspections.
(d) Production inspections must be performed by the independent
laboratory in accordance with subpart 159.007 of this chapter at least
annually to confirm that no changes have been made to the product that
may adversely affect its fire performance as a fire resisting division
for high speed craft.
(e) The independent laboratory must prepare production inspection
procedures and a report of the results of the fire-testing program, and
must furnish the manufacturer with three copies of each upon completion
of the required testing.
(f) Materials approved under this subpart must be shipped in
packaging that is clearly marked with the name of the manufacturer,
product designation, date of manufacture, batch or lot number, and
Coast Guard type approval number.

Sec. 164.207-4 Approval procedures.

Subpart 164.900 [Removed]

0
240. Remove subpart 164.900.

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

0
241. The authority citation for part 167 continues to read as follows:

Authority: 46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

0
242. In Sec. 167.01-5, add a sentence to the end of paragraph (a) to
read as follows:

Sec. 167.01-5 Applicability; preemptive effect.

(a) * * * The regulations in this subchapter have preemptive effect
over State or local regulations in the same field.
* * * * *

0
243. In Sec. 167.45-30 --
0
a. Redesignate the existing text as paragraph (a); and
0
b. Add paragraph (b) to read as follows:

Sec. 167.45-30 Use of approved fire fighting equipment.

* * * * *
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that:
(1) Components are listed by an independent, nationally recognized
testing laboratory as set forth in 29 CFR 1910.7, and are designed,
installed, tested, and maintained in accordance with an appropriate
industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.

PART 169--SAILING SCHOOL VESSELS

0
244. The authority citation for part 169 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L.
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 793; Department of Homeland Security Delegation No.
0170.1; Sec. 169.117 also issued under the authority of 44 U.S.C.
3507.

0
245. Revise Sec. 169.115 to read as follows:

Sec. 169.115 Incorporation by reference.

(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the U.S. Coast Guard, Office of Design and Engineering
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue, SE. Stop 7509,
Washington, DC 20593-7509, and is available from the sources listed
below. It is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American Boat and Yacht Council (ABYC), 613 Third St, Suite 10,
Annapolis, MD 21403, 410-990-4460, https://www.abycinc.org.
(1) A-1-78, Marine LPG--Liquefied Petroleum Gas Systems, IBR
approved for Sec. 169.703(c).
(2) A-3-70, Recommended Practices and Standards Covering Galley
Stoves, IBR approved for Sec. 169.703(a).
(3) A-22-78, Marine CNG--Compressed Natural Gas Systems, IBR
approved for Sec. 169.703(c).
(4) H-2.5, Ventilation of Boats Using Gasoline--Design and
Construction, 1981, IBR approved for Sec. 169.629.
(5) H-24.9 (g) and (h)--``Fuel Strainers and Fuel Filters'' (1975),
IBR approved for Sec. 169.629.
(6) P-1-73, Safe Installation of Exhaust Systems for Propulsion and

[[Page 48295]]

Auxiliary Engines, 1973, IBR approved for Sec. 169.609.
(c) DLA Document Services, Building 4D, 700 Robbins Avenue,
Philadelphia, PA 19111, https://quicksearch.dla.mil.
(1) Federal Specification ZZ-H-451, Hose, Fire, Woven-Jacketed
Rubber or Cambric-Lined, with Couplings, F, IBR approved for Sec.
169.563(c).
(2) [Reserved]
(d) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 169.247(a).
(2) NFPA 70, National Electrical Code, Article 310-8 and Table 310-
13, 1980, IBR approved for Sec. 169.672(a).
(3) NFPA 302, Pleasure and Commercial Motor Craft, Chapter 6, 1980,
IBR approved for Sec. 169.703(c).
(4) NFPA 306, Control of Gas Hazards on Vessels, 1980, IBR approved
for Sec. 169.236(a).
(e) NIST, 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899, 301-
975-6478, https://nist.gov.
(1) Special Pub. 440 (SD Cat. No. C13.10:490), ``Color: Universal
Language and Dictionary of Names'', 1976.
(2) [Reserved]
(f) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 19, Standard for Safety for Lined Fire Hose and Hose
Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved
for Sec. 169.563(c).
(2) [Reserved]

Sec. 169.236 [Amended]

0
246. In Sec. 169.236(a), after the words ``The provisions of NFPA
306'', remove the words ``, ``Control of Gas Hazards on Vessels,''''
and add, in their place, the words ``(incorporated by reference, see
Sec. 169.115)''.

0
247. Revise Sec. 169.247 to read as follows:

Sec. 169.247 Fire fighting equipment.

(a) At each inspection for certification and periodic inspection
and at such other times as considered necessary, all fire extinguishing
equipment must be inspected to ensure it is in suitable condition.
Tests may be necessary to determine the condition of the equipment. The
inspector must verify that the following tests and inspections have
been conducted by a qualified servicing facility at least once every 12
months:
(1) Portable fire extinguishers and semi-portable fire
extinguishing systems must be inspected and maintained in accordance
with NFPA 10 (incorporated by reference, see Sec. 169.115) as amended
here:
(i) Certification or licensing as fire extinguisher servicing
agency by a state or local authority having jurisdiction will be
accepted by the Coast Guard as meeting the personnel certification
requirements of NFPA 10 for annual maintenance and recharging of
extinguishers.
(ii) Monthly inspections required by NFPA 10 may be conducted by
the owner, operator, person-in-charge, or a designated member of the
crew.
(iii) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(iv) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records have not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.
(2) All parts of the fixed fire extinguishing systems must be
examined for excessive corrosion and general condition. Table
169.247(a)(1) of this section provides detailed inspection and test
requirements of fixed systems.
(3) Piping, controls, valves, and alarms on all fire extinguishing
systems must be checked to be certain the system is in operating
condition.
(4) The fire main system is operated and the pressure checked at
the most remote and highest outlets.
(5) Each firehose is subjected to a test pressure equivalent to its
maximum service pressure.
(b) [Reserved]

Table 169.247(a)(1)--Fixed Systems
------------------------------------------------------------------------
Type of system Test
------------------------------------------------------------------------
Carbon dioxide or HALON 1301........... Weigh cylinders. Recharge if
weight loss exceeds 10 percent
of weight of the charge.
------------------------------------------------------------------------

0
248. In Sec. 169.563, revise paragraph (c) to read as follows:

Sec. 169.563 Firehose.

* * * * *
(c) Vessels of 90 feet or more must have lined commercial firehose
that conforms to UL 19 or Federal Specification ZZ-H-451(incorporated
by reference, see Sec. 169.115). The firehose must be fitted with a
combination nozzle approved under Sec. 162.027 of this chapter.
* * * * *
0
249. Amend Sec. 169.567 as follows:
0
a. Revise the section heading;
0
b. Revise paragraphs (a) and (b); and
0
c. Remove paragraph (g).
The revisions read as follows:

Sec. 169.567 Portable fire extinguishers.

(a) The minimum number of portable fire extinguishers required on
each vessel is determined by the Officer in Charge, Marine Inspection,
in accordance with Table 169.567(a) of this section and other
provisions of this subpart.

[[Page 48296]]

Table 169.567(a)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
Portable fire extinguishers
-------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Propulsion machinery space 40-B:C.............. 2.
without fixed extinguishing
system.
Propulsion machinery space 40-B:C.............. 1 in the vicinity of
with fixed extinguishing the exit.
system.
Living space and open boats. 2-A................. 1 per 1,000 cubic
foot of space.
Galley (without fixed 40-B:C.............. 1 per 500 cubic
system). foot.
Spare Units................. 2-A................. 10 percent of the
required number
rounded up.
40-B:C.............. 1.
------------------------------------------------------------------------

(b) Table 169.567(a) of this section indicates the minimum required
classification for each space listed. Extinguishers with larger
numerical ratings or multiple letter designations may be used if the
extinguishers meet the requirements of the table.
* * * * *

PART 175--GENERAL PROVISIONS

0
250. The authority citation for part 175 continues to read as follows:

Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206,
107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170.1; Sec. 175.900 also issued under 44 U.S.C.
3507.

0
251. In Sec. 175.100, add a sentence to the end of the section to read
as follows:

Sec. 175.100 Purpose.

* * * * *
The regulations in this subchapter have preemptive effect over
State or local regulations in the same field.

0
252. In Sec. 175.400. add the definitions of ``Ignition source'' and
``Isolated space'', in alphabetical order, and revise the definition of
``Open to the atmosphere'' to read as follows:

Sec. 175.400 Definitions of terms used in the subchapter.

* * * * *
Ignition source means an internal combustion engine regardless of
horsepower or continuously running electrical motors without overload
protection or other run-limiting devices. Properly installed electrical
wire or cabling with associated connections and outlets must not be
considered an ignition source.
* * * * *
Isolated space means a closed, water-tight space infrequently
accessed by the crew while the vessel is in operation. Examples of
these spaces are the fore-peak spaces, lazerettes, and spaces with
unattended continuously running electrical motors. Small, non-water-
tight compartments visible to the crew and passengers such as storage
lockers under the operating station or passenger seating areas, are not
considered isolated spaces.
* * * * *
Open to the atmosphere means a compartment that has at least 0.342
square meters of open area directly exposed to the atmosphere for each
cubic meter (15 square inches for each cubic foot) of net compartment
volume.
* * * * *

0
253. Revise Sec. 175.600 to read as follows:

Sec. 175.600 Incorporation by reference.

(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at the U.S. Coast Guard, Office of
Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr.
Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from
the sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American Boat and Yacht Council (ABYC), 613 Third St., Suite
10, Annapolis, MD 21403, 410-990-4460, https://www.abycinc.org.
(1) A-1-93, Marine Liquefied Petroleum Gas (LPG) Systems (``ABYC A-
1''), IBR approved for Sec. 184.240(a), (c), (d), and (g).
(2) A-3-93, Galley Stoves (``ABYC A-3''), IBR approved for Sec.
184.200.
(3) A-7-70, Boat Heating Systems (``ABYC A-7''), IBR approved for
Sec. 184.200.
(4) A-16-89, Electric Navigation Lights (``ABYC A-16''), IBR
approved for Sec. 183.130(a).
(5) A-22-93, Marine Compressed Natural Gas (CNG) Systems (``ABYC A-
22''), IBR approved for Sec. 184.240(b) through (e).
(6) E-8, Alternating Current (AC) Electrical Systems on Boats, July
2001 (``ABYC E-8''), IBR approved for Sec. Sec. 183.130(a) and
183.340(b).
(7) E-9, Direct Current (DC) Electrical Systems on Boats (May 28,
1990) (``ABYC E-9''), IBR approved for Sec. Sec. 183.130(a) and
183.340(b).
(8) H-2-89, Ventilation of Boats Using Gasoline (``ABYC H-2''), IBR
approved for Sec. Sec. 182.130 and 182.460(m).
(9) H-22-86, DC Electric Bilge Pumps Operating Under 50 Volts
(``ABYC H-22''), IBR approved for Sec. Sec. 182.130 and 182.500(b).
(10) H-24-93, Gasoline Fuel Systems (``ABYC H-24''), IBR approved
for Sec. Sec. 182.130, 182.440(d), 182.445, 182.450(f) and 182.455(c).
(11) H-25-94, Portable Gasoline Fuel Systems for Flammable Liquids
(``ABYC H-25''), IBR approved for Sec. Sec. 182.130 and 182.458(b).
(12) H-32-87, Ventilation of Boats Using Diesel Fuel (``ABYC H-
32''), IBR approved for Sec. Sec. 182.130, 182.465(i) and 182.470(c).
(13) H-33-89, Diesel Fuel Systems (``ABYC H-33''), IBR approved for
Sec. Sec. 182.130, 182.440(d), 182.445(f), 182.450(f) and 182.455(c).
(14) P-1-93, Installation of Exhaust Systems for Propulsion and
Auxiliary Engines (``ABYC P-1''), IBR approved for Sec. Sec.
177.405(b), 177.410(c), 182.130, 182.425(c), and 182.430(k).
(15) P-4-89, Marine Inboard Engines (``ABYC P-4''), IBR approved
for Sec. Sec. 182.130 and 182.420(b) and (d).
(c) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060, 281-877-5800, https://ww2.eagle.org.
(1) Guide for High Speed Craft, 1997 (``ABS High Speed Craft''),
IBR approved for Sec. 177.300(c) and (d).
(2) Rules for Building and Classing Aluminum Vessels, 1975 (``ABS
Aluminum Vessel Rules''), IBR approved for Sec. 177.300(d).
(3) Rules for Building and Classing Reinforced Plastic Vessels,
1978 (``ABS Plastic Vessel Rules''), IBR approved for Sec. 177.300(c).

[[Page 48297]]

(4) Rules for Building and Classing Steel Vessels, 1995 (``ABS
Steel Vessel Rules''), IBR approved for Sec. 183.360(b).
(5) Rules for Building and Classing Steel Vessels Under 61 Meters
(200 feet) in Length, 1983 (``ABS Steel Vessel Rules (<=61 Meters)''),
IBR approved for Sec. 177.300.
(6) Rules for Building and Classing Steel Vessels for Service on
Rivers and Intracoastal Waterways, 1995 (``ABS Steel Vessel Rules
(Rivers/Intracoastal)''), IBR approved for Sec. 177.300(e).
(d) American National Standards Institute (ANSI), 25 West 43rd St.,
New York, NY 10036, 212-642-4900, https://www.ansi.org.
(1) A 17.1-1984, including supplements A 17.1a and B-1985, Safety
Code for Elevators and Escalators (``ANSI A 17.1''), IBR approved for
Sec. 183.540.
(2) B 31.1-1986, Code for Pressure Piping, Power Piping (``ANSI B
31.1.''), IBR approved for Sec. 182.710(c).
(3) Motor Vehicles Operating on Land Highways (``ANSI Z 26.1''),
IBR approved for Sec. 177.1030(b).
(e) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428, 877-909-2786, https://www.astm.org.
(1) ASTM B 96-93, Standard Specification for Copper-Silicon Alloy
Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure
Vessels (``ASTM B 96''), IBR approved for Sec. 182.440(a).
(2) ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus (``ASTM B 117''), IBR approved for Sec. 175.400.
(3) ASTM B 122/B 122M-95, Standard Specification for Copper-Nickel-
Tin Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and Copper-Nickel
Alloy Plate, Sheet, Strip and Rolled Bar (``ASTM B 122''), IBR approved
for Sec. 182.440(a).
(4) ASTM B 127-98, Standard Specification for Nickel-Copper Alloy
(UNS NO4400) Plate, Sheet, and Strip (``ASTM B 127''), IBR approved for
Sec. 182.440(a).
(5) ASTM B 152-97a, Standard Specification for Copper Sheet, Strip,
Plate, and Rolled Bar (``ASTM B 152''), IBR approved for Sec.
182.440(a).
(6) ASTM B 209-96, Standard Specification for Aluminum and
Aluminum-Alloy Sheet and Plate (``ASTM B 209''), IBR approved for Sec.
182.440(a).
(7) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester (``ASTM D 93''), IBR approved for Sec.
175.400.
(8) ASTM D 635-97, Standard Test Method for Rate of Burning and or
Extent and Time of Burning of Self-Supporting Plastics in a Horizontal
Position (``ASTM D 635''), IBR approved for Sec. 182.440(a).
(9) ASTM D 2863-95, Standard Method for Measuring the Minimum
Oxygen Concentration to Support Candle-Like Combustion of Plastics
(Oxygen Index) (``ASTM D 2863''), IBR approved for Sec. 182.440(a).
(10) ASTM E 84-98, Standard Test Method for Surface Burning
Characteristics of Building Materials (``ASTM E 84''), IBR approved for
Sec. 177.410(a) and (b).
(f) DLA Document Services, Building 4D, 700 Robbins Avenue,
Philadelphia, PA 19111, https://quicksearch.dla.mil.
(1) Military Specification MIL-P-21929C, Plastic Material, Cellular
Polyurethane, Foam-in-Place, Rigid (2 and 4 pounds per cubic foot),
1991 (``NPFC MIL-P-21929C''), IBR approved for Sec. 179.240(b).
(2) Military Specification MIL-R-21607E(SH), Resins, Polyester, Low
Pressure Laminating, Fire Retardant (``NPFC MIL-R-21607E(SH)''), 1990
IBR approved for Sec. 177.410.
(g) Institute of Electrical and Electronics Engineers, Inc. (IEEE),
IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 800-678-4333,
https://www.ieee.org.
(1) Standard 45-1977, Recommended Practice for Electrical
Installations on Shipboard (``IEEE 45-1977''), IBR approved for Sec.
183.340(o).
(2) [Reserved]
(h) International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, https://www.imo.org.
(1) Resolution A.520(13), Code of Practice for the Evaluation,
Testing and Acceptance of Prototype Novel Life-Saving Appliances and
Arrangements, dated 17 November 1983 (``IMO Resolution A.520(13)''),
IBR approved for Sec. 175.540(c).
(2) Resolution A.658(16), Use and Fitting of Retro-Reflective
Materials on Life-Saving Appliances, dated 20 November 1989 (``IMO
Resolution A. 658(16)''), IBR approved for Sec. 185.604(h) and (i).
(3) Resolution A.688(17), Fire Test Procedures For Ignitability of
Bedding Components (``IMO Resolution A. 688(17)''), dated 6 November
1991, IBR approved for Sec. 177.405(g).
(4) Resolution A.760(18), Symbols Related to Life-Saving Appliances
and Arrangements (``IMO Resolution A.760(18)''), dated 17 November
1993, IBR approved for Sec. 185.604(f).
(5) International Convention for the Safety of Life at Sea (SOLAS),
as amended, Consolidated Edition, 2009, including Erratum, IBR approved
for Sec. 177.420.
(i) International Organization for Standardization (ISO), Case
postale 56, CH-1211 Geneva 20, Switzerland, +41 22 749 01 11, https://www.iso.org.
(1) ISO 8846, Small Craft-Electrical Devices-Protection Against
Ignition of Surrounding Flammable Gases, December 1990 (``ISO 8846''),
IBR approved for Sec. 182.500(b).
(2) ISO 8849, Small Craft-Electrically Operated Bilge Pumps,
December 15, 1990 (``ISO 8849''), IBR approved for Sec. 182.500(b).
(j) Lloyd's Register of Shipping, 71 Fenchurch Street, London EC3M
4BS, +44 (0)20 7709 9166, https://www.lr.org.
(1) Rules and Regulations for the Classification of Yachts and
Small Craft, as amended through 1983 (``Lloyd's Yachts and Small
Craft''), IBR approved for Sec. 177.300(a).
(2) [Reserved]
(k) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 176.810(b).
(2) NFPA 17-1994, Dry Chemical Extinguishing Systems, 1994 Edition,
IBR approved for Sec. 181.425(b).
(3) NFPA 17A-1994, Wet Chemical Extinguishing Systems, 1994
Edition, IBR approved for Sec. 181.425(b).
(4) NFPA 70-1996, National Electrical Code (NEC), 1996 Edition, IBR
approved for Sec. Sec. 183.320(d) and (e), 183.340(d) and (o), and
183.372(c).
(5) NFPA 302-1994, Pleasure and Commercial Motor Craft, Chapter 6,
1994 Edition, IBR approved for Sec. Sec. 184.200 and 184.240(a)
through (c), (d) and (h).
(6) NFPA 306-1993, Control of Gas Hazards on Vessels, 1993 Edition,
IBR approved for Sec. 176.710(a).
(7) NFPA 1963-1989, Fire Hose Connections, 1989 Edition, IBR
approved for Sec. 181.320(b).
(l) Society of Automotive Engineers (SAE), 400 Commonwealth Drive,
Warrendale, PA 15096, 724-776-4841, https://www.sae.org.
(1) SAE J-1475, Hydraulic Hose Fittings For Marine Applications,
1984 (``SAE J-1475''), IBR approved for Sec. 182.720(e).
(2) SAE J-1928, Devices Providing Backfire Flame Control for
Gasoline Engines in Marine Applications, August 1989 (``SAE J-1928''),
IBR approved for Sec. 182.415(c).

[[Page 48298]]

(3) SAE J-1942, Hose and Hose Assemblies for Marine Applications,
1992 (``SAE J-1942''), IBR approved for Sec. 182.720(e).
(m) UL (formerly Underwriters Laboratories), 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, https://www.ul.com.
(1) UL 19--Standard for Safety for Lined Fire Hose and Hose
Assemblies, Twelfth Edition, approved November 30, 2001, IBR approved
for Sec. 181.320(b).
(2) UL 174-1989, as amended through June 23, 1994, Household
Electric Storage Tank Heaters (``UL 174''), IBR approved for Sec.
182.320(a).
(3) UL 217-1998, Single and Multiple Station Smoke Detectors (``UL
217''), IBR approved for Sec. 181.450(a).
(4) UL 486A-1992, Wire Connectors and Soldering Lugs For Use With
Copper Conductors (``UL 486A''), IBR approved for Sec. 183.340(i).
(5) UL 489-1995, Molded-Case Circuit Breakers and Circuit Breaker
Enclosures (``UL 489''), IBR approved for Sec. 183.380(m).
(6) UL 595-1991, Marine Type Electric Lighting Fixtures (``UL
595''), IBR approved for Sec. 183.410(d).
(7) UL 710-1990, as amended through September 16, 1993, Exhaust
Hoods For Commercial Cooking Equipment (``UL 710''), IBR approved for
Sec. 181.425(a).
(8) UL 1058-1989, as amended through April 19, 1994, Halogenated
Agent Extinguishing System Units (``UL 1058''), IBR approved for Sec.
181.410(g).
(9) UL 1102-1992, Non integral Marine Fuel Tanks (``UL 1102''), IBR
approved for Sec. 182.440(a).
(10) UL 1110-1988, as amended through May 16, 1994, Marine
Combustible Gas Indicators (``UL 1110''), IBR approved for Sec.
182.480(a).
(11) UL 1111-1988, Marine Carburetor Flame Arresters (``UL 1111''),
IBR approved for Sec. 182.415(c).
(12) UL 1113, Electrically Operated Pumps for Nonflammable Liquids,
Marine, Third Edition (Sep. 4, 1997) (``UL 1113''), IBR approved for
Sec. 182.520(e).
(13) UL 1453-1988, as amended through June 7, 1994, Electric
Booster and Commercial Storage Tank Water Heaters (``UL 1453''), IBR
approved for Sec. 182.320(a).
(14) UL 1570-1995, Fluorescent Lighting Fixtures (``UL 1570''), IBR
approved for Sec. 183.410(d).
(15) UL 1571-1995, Incandescent Lighting Fixtures (``UL 1571''),
IBR approved for Sec. 183.410(d).
(16) UL 1572-1995, High Intensity Discharge Lighting Fixtures (``UL
1572''), IBR approved for Sec. 183.410(d).
(17) UL 1573-1995, Stage and Studio Lighting Units (``UL 1573''),
IBR approved for Sec. 183.410(d).
(18) UL 1574-1995, Track Lighting Systems (``UL 1574''), IBR
approved for Sec. 183.410(d).

PART 176--INSPECTION AND CERTIFICATION

0
254. The authority citation for part 176 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.

0
255. Revise Sec. 176.810 to read as follows:

Sec. 176.810 Fire protection.

(a) At each initial and subsequent inspection for certification,
the owner or managing operator must be prepared to conduct tests and
have the vessel ready for inspection of its fire protection equipment,
including the following:
(1) Inspection of each portable fire extinguisher, semi-portable
fire extinguisher, and fixed gas fire extinguishing system to check for
excessive corrosion and general condition;
(2) Inspection of piping, controls, and valves, and the inspection
and testing of alarms and ventilation shutdowns, for each fixed gas
fire extinguishing system and detection system to determine that the
system is in operating condition;
(3) Operation of the fire main system and checking of the pressure
at the most remote and highest outlets;
(4) Testing of each firehose to a test pressure equivalent to its
maximum service pressure;
(5) Checking of each cylinder containing compressed gas to ensure
it has been tested and marked in accordance with 46 CFR 147.60;
(6) Testing or renewal of flexible connections and discharge hoses
on semi-portable extinguishers and fixed gas extinguishing systems in
accordance with 46 CFR 147.65; and
(7) Inspection and testing of all smoke and fire detection systems,
including sensors and alarms.
(b) The owner, managing operator, or a qualified servicing facility
as applicable must conduct the following inspections and tests:
(1) Portable and semi-portable extinguishers must be inspected and
maintained in accordance with NFPA 10 (incorporated by reference, see
Sec. 175.600 of this chapter) as amended here:
(i) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(ii) Monthly inspections required by NFPA 10 may be conducted by
the owner, operator, person-in-charge, or a designated member of the
crew.
(iii) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(iv) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records have not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.
(2) For fixed-gas fire extinguishing systems, the inspections and
tests required by Table 176.810(b) of this section, in addition to the
tests required by 46 CFR 147.60 and 147.65. The owner or managing
operator must provide satisfactory evidence of the required servicing
to the marine inspector. If any of the equipment or records have not
been properly maintained, a qualified servicing facility may be
required to perform the required inspections, maintenance procedures,
and hydrostatic pressure tests.

[[Page 48299]]

Table 176.810(b)--Fixed Fire Extinguishing Systems
------------------------------------------------------------------------
Type system Test
------------------------------------------------------------------------
Carbon dioxide.................... Weigh cylinders. Recharge if weight
loss exceeds 10 percent of weight
of charge. Test time delays,
alarms, and ventilation shutdowns
with carbon dioxide, nitrogen, or
other nonflammable gas as stated in
the system manufacturer's
instruction manual. Inspect hoses
and nozzles to be sure they are
clean.
Halon............................. Weigh cylinders. Recharge if weight
loss exceeds 5 percent of weight of
charge. If the system has a
pressure gauge, also recharge if
pressure loss (adjusted for
temperature) exceeds 10 percent.
Test time delays, alarms and
ventilation shutdowns with carbon
dioxide, nitrogen, or other
nonflammable gas as stated in the
system manufacturer's instruction
manual. Inspect hoses and nozzles
to be sure they are clean.
Dry Chemical (cartridge operated). Examine pressure cartridge and
replace if end is punctured or if
determined to have leaked or to be
in unsuitable condition. Inspect
hose and nozzle to see if they are
clear. Insert charged cartridge.
Ensure extinguisher contains full
charge.
Dry Chemical (stored pressure).... See that pressure gauge is in
operating range. If not, or if the
seal is broken, weigh or otherwise
determine that extinguisher is
fully charged with dry chemical.
Recharge if pressure is low or if
dry chemical is needed.
Foam (stored pressure)............ See that pressure gauge, if so
equipped, is in the operating
range. If not, or if the seal is
broken, weigh or otherwise
determine that extinguisher is
fully charged with foam. Recharge
if pressure is low or if foam is
needed. Replace premixed agent
every 3 years.
Clean Agents (Halon replacements). Same as Halon.
------------------------------------------------------------------------

(c) The owner, managing operator, or master must destroy, in the
presence of the marine inspector, each firehose found to be defective
and incapable of repair.
(d) At each initial and subsequent inspection for certification,
the marine inspector may require that a fire drill be held under
simulated emergency conditions to be specified by the inspector.

PART 177--CONSTRUCTION AND ARRANGEMENT

0
256. The authority citation for part 177 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation
No. 0170.1.

0
257. Amend Sec. 177.410 by revising paragraph (c)(3) to read as
follows:

Sec. 177.410 Structural fire protection.

* * * * *
(c) * * *
(3) Fire detection and extinguishing systems. (i) Fire detection
and extinguishing systems must be installed in compliance with
Sec. Sec. 181.400 through 181.420 of this subchapter.
(ii) All fiber reinforced plastic (FRP) vessels constructed with
general purpose resins must be fitted with a smoke activated fire
detection system of an approved type, installed in accordance with
Sec. 76.27 in subchapter H of this chapter, in--
(A) Accommodation spaces;
(B) Service spaces; and
(C) Isolated spaces that contain an ignition source as defined in
Sec. 175.400 of this chapter.
* * * * *

0
258. Add Sec. 177.420 to subpart D to read as follows:

Sec. 177.420 Vessels complying with SOLAS structural fire protection
requirements.

Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec. 175.600 of this chapter) may be considered
equivalent to the provisions of this subpart.

PART 181--FIRE PROTECTION EQUIPMENT

0
259. The authority citation for part 181 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation
No. 0170.1.

0
260. Revise Sec. 181.120 to read as follows:

Sec. 181.120 Equipment installed but not required.

(a) Fire extinguishing equipment installed on a vessel in excess of
the requirements of Sec. Sec. 181.400 and 181.500 must be designed,
constructed, installed, and maintained in accordance with a recognized
industry standard acceptable to the Commandant (CG-ENG-4).
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that--
(1) Components are listed by an independent, nationally recognized
testing laboratory as set forth in 29 CFR 1910.7, and are designed,
installed, tested, and maintained in accordance with an appropriate
industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.

0
261. In Sec. 181.310--
0
a. In paragraphs (a) and (c), remove the words ``fire hose'' wherever
they appear and add, in their place, the word ``firehose''.
0
b. Add paragraph (d) to read as follows:

Sec. 181.310 Fire main and hydrants.

* * * * *
(d) Spanner wrenches must be provided where a 40 millimeter (1.5
inch) diameter firehose is required by Sec. 181.320(b). Existing
vessels as of July 22, 2016 have 180 days to comply with this
requirement.

Subpart D--Fixed Fire Extinguishing and Detection Systems

0
262. Revise the heading for subpart D to read as set forth above.
0
263. Amend Sec. 181.400 as follows:
0
a. Revise the section heading;
0
b. In paragraph (b)(3), remove the text ``B-II'' and add, in its place,
the text ``40-B'';
0
c. In paragraph (b)(5) introductory text, remove the word
``semiportable'' and add, in its place, the word ``semi-portable'';
0
d. In paragraphs (b)(5)(i), (b)(5)(ii), and (b)(5)(iii), remove the
word ``shall'' and add, in its place, the word ``must''; and
0
e. Remove paragraphs (c) through (g).
The revision reads as follows:

[[Page 48300]]

Sec. 181.400 Spaces required to have fixed fire extinguishing
systems.

* * * * *

0
264. Add Sec. 181.405 to read as follows:

Sec. 181.405 Spaces required to have fire detection systems.

(a) The following spaces must be equipped with a fire detection and
alarm system of an approved type installed in accordance with 46 CFR
part 76, except when a fixed-gas fire extinguishing system that is
capable of automatic discharge upon heat detection is installed or when
the space is manned:
(1) A space containing propulsion machinery.
(2) A space containing an internal combustion engine of more than
50 hp.
(3) A space containing an oil-fired boiler.
(4) A space containing machinery powered by gasoline or any other
fuels having a flash point of 43.3 [deg]C (110 [deg]F) or lower.
(5) A space containing a fuel tank for gasoline or any other fuel
having a flash point of 43.3 [deg]C (110 [deg]F) or lower.
(b) All griddles, broilers, and deep fat fryers must be fitted with
a grease extraction hood in compliance with Sec. 181.425.
(c) Each overnight accommodation space on a vessel with overnight
accommodations for passengers must be fitted with an independent
modular smoke detection and alarm unit in compliance with Sec.
181.450.
(d) An enclosed vehicle space must be fitted with an automatic
sprinkler system that meets the requirements of 46 CFR part 76 and a
fire detection and alarm system of an approved type that is installed
in accordance with 46 CFR part 76.
(e) A partially enclosed vehicle space must be fitted with a manual
sprinkler system that meets the requirements of 46 CFR part 76.

Sec. 181.410 [Amended]

0
265. Amend Sec. 181.410 as follows:
0
a. In paragraph (f)(5)(i), after the words ``must be equal to the gross
volume of the system'', add the words ``in cubic meters''; remove the
number ``160'' and add, in its place, the number ``0.624''; and remove
the number ``192'' and add, in its place, the number ``0.749''; and
0
b. In paragraph (f)(6)(i), remove the number ``480'' and add, in its
place, the number ``1.88''.
0
266. Revise Sec. 181.500 to read as follows:

Sec. 181.500 Required number, type, and location.

(a) Each portable fire extinguisher on a vessel must be of an
approved type. The minimum number of portable fire extinguishers
required on a vessel must be acceptable to the cognizant Officer in
Charge, Marine Inspection, but must not be fewer than the minimum
number required by Table 181.500(b) and other provisions of this
section.
(b) Table 181.500(b) of this section indicates the minimum required
classification for each space listed. Extinguishers with larger
numerical ratings or multiple letter designations may be used if the
extinguishers meet the requirements of the table.

Table 181.500(b)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
Portable fire extinguishers
-------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Operating Station........... 10-B:C.............. 1.
Machinery Space............. 40-B:C.............. 1 in the vicinity of
the exit.
Open Vehicle Deck........... 40-B................ 1 for every 10
vehicles.
Accommodation Space......... 2-A................. 1 each for each
2,500 square feet
(762 meters) or
fraction thereof.
Galley...................... 40-B:C.............. 1.
Pantry, concession stand.... 2-A................. 1 in the vicinity of
the exit.
------------------------------------------------------------------------

(c) A vehicle deck without a fixed sprinkler system and exposed to
weather must have one 40-B portable fire extinguisher for every five
vehicles, located near an entrance to the space.
(d) The frame or support of each semi-portable fire extinguisher
permitted by paragraph (a) of this section must be welded or otherwise
permanently attached to a bulkhead or deck.

PART 182--MACHINERY INSTALLATION

0
267. The authority citation for part 182 continues to read as follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
268. Revise Sec. 182.720(a) to read as follows:

Sec. 182.720 Nonmetallic piping materials.

(a) Rigid nonmetallic materials (plastic) may be used only non-
vital systems and in accordance with paragraphs (c) and (d) of this
section. Alternatively, piping systems meeting the requirements of
Sec. 56.60-25(a) of this chapter may be used, provided that the
installation requirements of paragraphs (c) and (d) of this section are
met.
* * * * *

PART 185--OPERATIONS

0
269. The authority citation for part 185 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

0
270. In Sec. 185.612--
0
a. In paragraph (d), remove the word ``alarm'' and add, in its place,
the word ``indicator''; and
0
b. Revise paragraph (e) to read as follows:

Sec. 185.612 Fire protection equipment.

* * * * *
(e) An indicator for a fire detection and alarm system must be
conspicuously marked in clearly legible letters ``FIRE ALARM''.
* * * * *

PART 188--GENERAL PROVISIONS

0
271. The authority citation for part 188 continues to read as follows:

Authority: 46 U.S.C. 2103, 2113, 3306; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland
Security Delegation No. 0170.1(II)(92)(a), (92)(b).

[[Page 48301]]

0
272. In Sec. 188.01-3, add a sentence to the end of the section to
read as follows:

Sec. 188.01-3 Scope of regulations.

* * * The regulations in this subchapter (parts 188, 189, 190, and
193 through 196) have preemptive effect over State or local regulations
in the same field.

0
273. Add Sec. 188.01-5 to read as follows:

Sec. 188.01-5 Incorporation by reference.

PART 189--INSPECTION AND CERTIFICATION

0
274. The authority citation for part 189 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 3307; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security
Delegation No. 0170.1.

0
275. Amend Sec. 189.25-20 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must'';
0
b. In paragraph (a) introductory text, remove the third sentence; and
0
c. Revise paragraph (a)(1) to read as follows:

Sec. 189.25-20 Fire extinguishing equipment.

(a) * * *
(1) All portable fire extinguishers and semi-portable fire
extinguishing systems must be inspected and maintained in accordance
with NFPA 10 (incorporated by reference, see Sec. 188.01-5 of this
chapter) as amended here:
(i) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(ii) Monthly inspections required by NFPA 10 may be conducted by
the owner, operator, person-in-charge, or a designated member of the
crew.
(iii) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(iv) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector. If any of
the equipment or records have not been properly maintained, a qualified
servicing facility must perform the required inspections, maintenance
procedures, and hydrostatic pressure tests. A tag issued by a qualified
servicing organization, and attached to each extinguisher, may be
accepted as evidence that the necessary maintenance procedures have
been conducted.
* * * * *

PART 190--CONSTRUCTION AND ARRANGEMENT

0
276. The authority citation for part 190 continues to read as follows:

Authority: 46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation
No. 0170.1.

0
277. Amend Sec. 190.07-1 as follows:
0
a. In paragraphs (a) and (b)--
0
i. Remove the words ``and over'' and add, in their place, the words
``or more''; and
0
ii. Remove the word ``shall.''
0
b. In paragraph (c), remove the word ``shall'' and add, in its place,
the word ``must'';
0
c. In paragraph (d), remove the word ``shall'' and add, in its place,
the word ``must''; and
0
d. Add paragraph (e) to read as follows:

Sec. 190.07-1 Application.

* * * * *
(e) Structural fire protection requirements in Sec. 92.07-1(c) of
this chapter may be considered equivalent to the provisions of this
subpart.

PART 193--FIRE PROTECTION EQUIPMENT

0
278. The authority citation for part 193 continues to read as follows:

Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

0
279. Revise Sec. 193.01-3(a) and (c) to read as follows:

Sec. 193.01-3 Incorporation by reference.

0
280. Amend Sec. 193.01-5 as follows:
0
a. In paragraph (a), after the words ``vessels of less than 300 gross
tons, where'', remove the words ``fire detecting or''; and remove the
word ``shall'' and add, in its place, the word ``must''; and
0
b. Add paragraph (b) to read as follows:

Sec. 193.01-5 Equipment installed but not required.

* * * * *
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment provided that--
(1) Components are listed by an independent, nationally recognized
testing laboratory as set forth in 29 CFR 1910.7, and are designed,
installed, tested, and maintained in accordance with an appropriate
industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,

[[Page 48302]]

subchapter J (Electrical Engineering), especially the hazardous
location electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.

0
281. In Sec. 193.10-5--
0
a. Revise the section heading and paragraph (a);
0
b. In paragraph (b), after the words ``On vessels of 1,000 gross
tons'', remove the words ``and over'' and add, in their place, the
words ``or more''; and remove the word ``shall'' in the first sentence
and add, in its place, the word ``must'';
0
c. In paragraph (c), remove the word ``five'' and add, in its place,
the word ``fire''; and remove the word ``shall'' and add, in its place,
the word ``must'';
0
d. In paragraphs (d), (e), and (g), remove the word ``shall'' and add,
in its place, the word ``must'';
0
e. In paragraph (f), remove the word ``shall'' in the second sentence
and add, in its place, the word ``may'', and remove the word ``shall''
in the third sentence and add, in its place, the word ``must'';
0
f. Revise paragraph (h); and
0
g. In paragraph (i)(1)(ii), remove the section number ``Sec. 193.10-
5(i)(1)(i)'' and add, in its place, the section number ``Sec. 193.10-
5(i)(1)(i)(B)''.
The revisions read as follows:

Sec. 193.10-5 Fire pumps.

(a) Vessels must be equipped with independently driven fire pumps
in accordance with Table 193.10-5(a) of this section.

Table 193.10-5(a)--Required Fire Pump System
----------------------------------------------------------------------------------------------------------------
Gross tons Minimum Hose and
------------------------------------------------- number of hydrant size, Nozzle orifice Length of
Over Not over pumps inches size, inches hose, feet
----------------------------------------------------------------------------------------------------------------
100 \1\ 1 \1\1 \1/2\ \1\ \1/2\ 50
100............................. 1,000 1 1\1/2\ \5/8\ 50
1,000........................... 1,500 2 1\1/2\ \5/8\ 50
1,500........................... .............. 2 \2\ 2\1/2\ \2\ \7/8\ \2\ 50
----------------------------------------------------------------------------------------------------------------
\1\ On vessels of 65 feet (19.8 meters) in length or less, \3/4\ inch hose of good commercial grade together
with a commercial garden hose nozzle may be used. The pump may be hand operated and the length of hose must be
sufficient to assure coverage of all parts of the vessel.
\2\ 75 feet (22.86 meters) of 1\1/2\ inch hose and \5/8\ inch nozzle may be used where specified by Sec.
193.10-10(b) for interior locations and 50 feet (15.24 meters) of 1\1/2\ inch hose may be used in exterior
locations on vessels in other than ocean or coastwise services. Vessels on ocean or coastwise services may
substitute two 1\1/2\ inch outlets with two 1\1/2\ inch hoses supplied through a wye connection in exterior
locations.

* * * * *
(h) Where two fire pumps are required on vessels with main or
auxiliary oil-fired boilers or with internal combustion propulsion
machinery, the pumps must be located in separate spaces. The pumps, sea
connections, and sources of power must be arranged to ensure that a
fire in any one space will not put all of the fire pumps out of
operation. However, where it is shown to the satisfaction of the
Commandant that it is unreasonable or impracticable to meet this
requirement, the installation of a fixed fire extinguishing system may
be accepted as an alternate method of extinguishing any fire that would
affect the powering and operation for the required fire pumps.
* * * * *

0
282. In Sec. 193.10-10--
0
a. Remove the word ``shall'' wherever it appears and add, in its place,
the word ``must'';
0
b. In paragraph (a), after the words ``as noted in Table 193.10-5(a)'',
add the words ``of this subpart'';
0
c. Revise paragraph (b);
0
d. In paragraph (c), remove the words ``and over'' wherever they appear
and add, in their place, the words ``or more'';
0
e. In paragraph (g), after the words ``with nozzle attached and a
spanner'', add the word ``wrench'';
0
f. In paragraph (h), remove the words ``Fire hose'' and add, in their
place, the word ``Firehoses'';
0
g. In paragraph (j)(1), after the words ``and in the immediate vicinity
of each laboratory;'', add the word ``and'';
0
h. In paragraph (j)(2), remove the number ``1000'' and add, in its
place, the number ``1,000''; and
0
i. In paragraph (m)(3), after the words ``is permitted by Table 193.10-
5(a)'', add the words ``of this subpart''; and
0
j. In paragraph (m)(4), remove the words ``fire hose'' wherever they
appear and add, in their place, the word ``firehose''.
The revision reads as follows

Sec. 193.10-10 Fire hydrants and hose.

* * * * *
(b) In 2\1/2\-inch hose and hydrants specified in Table 193.10-5(a)
of this subpart, on vessels of more than 1,500 gross tons, the hydrants
in interior locations may have wye connections for 1\1/2\-inch hose. In
these cases, the hose must be 75 feet (22.86 meters) in length, and
only one hose will be required at each fire station; however, if all
such stations can be satisfactorily served with 50-foot lengths, 50-
foot hose may be used. The hydrants for exterior locations may
substitute two 1\1/2\-inch outlets, each with a 1\1/2\-inch hose,
supplied through a wye connection.
* * * * *

0
283. Revise Sec. 193.30-1 to read as follows:

Sec. 193.30-1 Application

Automatic sprinkling systems must comply with Chapter 25 of NFPA 13
(incorporated by reference, see Sec. 193.01-3).

Sec. 193.50-1 [Amended]

0
284. Amend Sec. 193.50-1 as follows:
0
a. In paragraph (a), remove the word ``shall'';
0
b. In paragraphs (b) and (c), remove the word ``shall'' and add, in its
place, the word ``must''; and
0
c. In paragraph (c), remove the word ``semiportable'' and add, in its
place, the word ``semi-portable''.

Sec. 193.50-5 [Removed]

0
285. Remove Sec. 193.50-5.

0
286. Revise Sec. 193.50-10 to read as follows:

Sec. 193.50-10 Location.

(a) Approved portable fire extinguishers and semi-portable fire
extinguishing systems must be installed in accordance with Table
193.50-10(a) of this section. The location of the equipment must be to
the satisfaction of the Officer in Charge, Marine Inspection (OCMI).
Nothing in this paragraph must be construed as limiting the OCMI from
requiring such additional equipment as he or she deems necessary for
the proper protection of the vessel.
(b) Table 193.50-10(a) indicates the minimum required
classification for each space listed. Extinguishers with larger
numerical ratings or multiple letter designations may be used if the
extinguishers meet the requirements of the table.

[[Page 48303]]

Table 193.50-10(a)--Carriage of Portable Fire Extinguisher and Semi-
Portable Fire Extinguishing Systems
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Safety Areas
------------------------------------------------------------------------
Wheelhouse or fire control .................... None.
room.
Stairway and elevator .................... None.
enclosures.
Communicating corridors..... 2-A................. 1 in each main
corridor not more
than 150 ft apart.
(May be located in
stairways.)
Lifeboat embarkation and .................... None.
lowering stations.
Radio room.................. 20-B:C\1\........... 2 in the vicinity of
the exit.\1\
------------------------------------------------------------------------
Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None.
public spaces, offices,
lockers, isolated
storerooms, pantries, open
decks, etc.
------------------------------------------------------------------------
Service Spaces
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft or fraction
thereof.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Paint and lamp rooms........ 40-B................ 1 outside space in
the vicinity of the
exit.
Accessible baggage, mail, 2-A................. 1 for each 2,500 sq
and specie rooms, and ft or fraction
storerooms. thereof located in
the vicinity of the
exits, either
inside or outside
the spaces.
Carpenter shop and similar 2-A................. 1 outside the space
spaces. in the vicinity of
the exit.
Coal-fired boilers: Bunker .................... None.
and boiler space.
Oil-fired boilers: Spaces 40-B................ 2 required.\2\
containing oil-fired
boilers, either main or
auxiliary, or their fuel-
oil units.
160-B............... 1 required.\3\
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower,
machinery spaces. but not fewer than
2 nor more than
6.\4\
120-B............... 1 required.5 6
Electric propulsive motors 40-B:C.............. 1 for each
or generators of open type. propulsion motor or
generator unit.
Enclosed ventilating systems .................... None.
for motors and generators
of electric propelling
machinery.
------------------------------------------------------------------------
Auxiliary Spaces
------------------------------------------------------------------------
Internal combustion gas 40-B................ 1 outside the space
turbine. in vicinity of the
exit.\6\
Electric emergency motors or 40-B:C.............. 1 outside the space
generators. in vicinity of the
exit.\7\
Steam....................... .................... None required.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Scientific Spaces
------------------------------------------------------------------------
Chemistry laboratory or 40-B:C.............. 2 for each 300 sq ft
scientific laboratory. of deck space or
fraction thereof,
with one (1) of
each kind located
in the vicinity of
the exit.
Chemical storeroom.......... 40-B:C.............. Same as for the
chemistry
laboratory.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of
required units
rounded up.
40-B:C.............. 10 percent of
required units
rounded up.
------------------------------------------------------------------------
\1\ For vessels on an international voyage, substitute one 40-B:C in
vicinity of the exit.
\2\ Vessels of fewer than 1,000 GT require one.
\3\ Vessels of fewer than 1,000 GT may substitute one 120-B.
\4\ Only one required for motorboats.
\5\ If oil burning donkey boiler fitted in space, the 160-B previously
required for the protection of the boiler may be substituted. Not
required where a fixed carbon dioxide system is installed.
\6\ Not required on vessels of fewer than 300 GT if fuel has a flash-
point higher than 110[emsp14][deg]F.
\7\ Not required on vessels of fewer than 300 GT.

(e) Portable fire extinguishers and their stations must be numbered
in accordance with Sec. 196.37-15 of this subchapter.
(f) Portable or semi-portable extinguishers, which are required on
their nameplates to be protected from

[[Page 48304]]

freezing, must not be located where freezing temperatures may be
expected.

Sec. 193.50-15 [Removed]

0
287. Remove Sec. 193.50-15.
0
288. In Sec. 193.50-20:
0
a. Revise the section heading;
0
b. In paragraphs (a) and (b), remove the words ``size III, IV, and V''
and add, in their place, the word ``semi-portable'', and after the
words ``required by Table 193.50-10(a)'', add the words ``of this
subpart''; and
0
c. Add paragraph (c).
The revision and addition read as follows:

Sec. 193.50-20 Semi-portable fire extinguishers.

* * * * *
(c) Semi-portable extinguishers must be fitted with suitable hose
and nozzle, or other practicable means, so that all areas of the space
can be protected.

0
289. Add Sec. 193.50-80 to read as follows:

Sec. 193.50-80 Locations and number of fire extinguishers required
for vessels constructed prior to August 22, 2016.

Vessels contracted for prior to August 22, 2016, must meet the
following requirements:
(a) Previously installed extinguishers with extinguishing
capacities smaller than what is required in Table 193.50-10(a) of this
subpart need not be replaced and may be continued in service so long as
they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.

0
290. Revise Sec. 193.50-90 to read as follows:

Sec. 193.50-90 Vessels contracted for prior to March 1, 1968.

(a) Vessels contracted for prior to March 1, 1968, must meet the
following requirements:
(1) Except as specifically modified by this paragraph, the
requirements of Sec. 193.50-10 must be complied with insofar as the
number and general type of equipment is concerned.
(2) Existing installations previously approved, but not meeting the
applicable requirements of Sec. 193.50-10, may be continued in service
so long as they are maintained in good condition to the satisfaction of
the Officer in Charge, Marine Inspection, and they are in general
agreement with the degree of safety prescribed by Table 193.50-10(a) of
this subpart. Minor modifications may be made to the same standard as
the original installation, provided that in no case will a greater
departure from the standards of Table 193.50-10(a) of this subpart be
permitted than presently exists.
(3) All new equipment and installations must meet the applicable
requirements in this subpart for new vessels.

Dated: June 22, 2016.
J. G. Lantz,
Director of Commercial Regulations and Standards, U. S. Coast Guard.
[FR Doc. 2016-15229 Filed 7-21-16; 8:45 am]
BILLING CODE 9110-04-P

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